Spanish VAT (IVA) of bad debts: Refund in spite of late communication to the Tax Office

Nov 6, 2017 | Uncategorized

Through its resolution dated 24th November 2016, the Spanish Central Economic-Administrative Tribunal (TEAC) accepted the VAT refund in a case where the tax base of bad debts had been modified and communicated to the Tax Office 18 days after expiry of the legal...

Spanish VAT (IVA) on the assignment of company cars to employees

Nov 6, 2017 | Uncategorized

In their binding consultation of 15th November 2016 with number V4951-16, the Spanish Tax Authorities (DGT) have considered the input tax paid by a lawyer firm for renting a car used by one of their partners, partially for private purposes, to be 50% deductible. This...

VAT Permanent Establishment in Spain

Nov 6, 2017 | Uncategorized

Through its resolution dated 20th October 2016, the Spanish Central Economic-Administrative Tribunal (TEAC) has considered that merely because a non-resident enterprise owns a real-estate which is leased to their Spanish subsidiary, it cannot be concluded that there...

ELECTRONIC CERTIFICATES FOR NON-RESIDENT

Nov 6, 2017 | Uncategorized

Foreign companies that participate in Spanish enterprises or perform transactions within the Spanish territory must mandatorily dispose of a Spanish tax number (“CIF“), so that they are able to receive the notifications the Spanish Tax Authorities (“AEAT“) may send...

ESTABLISHMENT “EXPRESS” OF SPANISH COMPANIES

Nov 6, 2017 | Uncategorized

With the purpose of simplifying the establishment of new companies and especially companies with limited liability, an electronic processing was approved per Royal Decree 13/2010 (see also draft law 14/2013). Thus, as soon as the corporation of a company with limited...

TAX RESIDENCE OF LEGAL PERSONS IN SPAIN

Nov 6, 2017 | Uncategorized

In accordance with the Double Taxation Treaty between Spain and Germany, although a company’s own jurisprudence says something different, it can only be tax-resident in one country, and this is where its effective registered office is located. As to the Spanish point...