Archive for the ‘Spanish Tax residence and nationality’ Category

Spanish Tax Rise. Happy 2012

Sunday, January 1st, 2012

The rise of Spanish Income Tax to 50% for higher tax payers, coupled with a 27% for interest, dividends and gains above 24k Euros, the increase of Council Tax and the resurrection of Wealth Tax is making Spain inhabitable.

Instead of reducing superfluous expenditure in the five layers of administration, i.e European, national, regional, provincial and local, the Conservative party is now threatening executives, entrepreneurs and investors with this so called ‘solidarity’ fiscal policy.

The measures aimed to collect circa 6,000 millions Euros barely equals the 6,000 millions Euros ‘given’ yearly to the Catholic Church and fall short of the circa 20,000 millions ‘donated’ to the banking system.

Meanwhile, almost 5 million former workers are at home. In this first day of 2012 I wish we are able to reclaim our fiscal common sense.

BRIEF SUMMARY ON THE RETURN OF SPANISH WEALTH TAX FOR 2011 AND 2012

Wednesday, October 26th, 2011

In 2008 the Spanish Government chose to ‘eliminate’ wealth tax by applying a 100% exemption, instead of derogating the law. On 17 September 2011 the wealth tax was reintroduced by the Spanish Government as an ‘emergency economic measure’. The 100% exemption was changed to a tax free allowance of 700.000€ for tax years 2011 and 2012. (more…)

Spanish list of Tax Information Exchange Agreements

Monday, October 10th, 2011

Spain has signed TIEAs with the following territories: (more…)

Tax Agreement between Kingdom of Spain and the Commonwealth of the Bahamas

Friday, October 7th, 2011

The Tax Exchange agreement was published in the Spanish Gazzette the 15/7/2011

As per article 1, the agreement will facilitate that the competent authorities of the Contracting Parties shall provide assistance through exchanging information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. (more…)

WEALTH TAX MAKES ITS WAY BACK!

Tuesday, September 13th, 2011

The new Socialist candidate for the November 2011 presidential elections, Mr Rubalcaba, proposes to resurrect Wealth Tax. Please see our last posting on this topic at Taxprecision.com  Fortunately enough, his chances to win the elections are very limited, plus no other party will support such ridiculous measure. It is unfortunate that politicians use Taxes to win the elections instead as using them as wise macroeconomic vehicles to improve the economy. (more…)

European Commission vs Spain.- Transfer Tax on real estate companies

Tuesday, August 17th, 2010

The European Commission has been very active during the last years regarding Spanish Tax position when a non resident element is involved. Our posting today deals with a matter involving transfer tax and stamp duty in the context of M&A.

During the last decades, individuals acquiring Spanish property owned by a Spanish Company (SL)  have been forced to create a double company structure to own the shares of the Spanish company.

In many cases the two shareholders were based offshore and increased substantially the costs of owning property in Spain. The reason was that this acquisition will save the application of a real estate transfer tax which was extended to the disposal of shares.

Spain has been applying for many years a transfer tax charge of 6-7% for the disposal of shares of companies owning real estate assets in Spain. Interestingly enough, the application of this tax was not included in the Transfer Tax Act but in Law 24/1988 on the securities market.

Article 108 of Spain’s Law 24/1988 on the securities market establishes that a 6-7 percent transfer tax  (7 percent in most autonomous regions) applies to the transfer of securities of a company whose real estate assets in Spain represent more than 50 percent of its total assets, or whose assets include securities in another entity whose real estate assets in Spain represent at least 50 percent of its total assets, if the acquirer gains control of the real estate entity as a result of the transfer.

The European Commission has asked Spain to modify its transfer tax provisions relating to the acquisition of securities in real estate companies, arguing that the provisions are not consistent with article 5 of Council Directive 2008/7/EC concerning indirect taxes on the raising of capital.
(more…)

Gibraltar Road Toll and good neighborhood with La Linea

Monday, August 16th, 2010

Does La Linea’s mayor care about good neighborhood with Gibraltar?

It is a shame that some Spaniards tackle a XXI Century issue with XIV Century measures. See The Guardian article on the most ridiculous initiative from a local mayor we have seen in decades, the establishment of an international border road toll between Gibraltar and La Linea.

This issue is not an isolated one and unfortunately there are still some Spaniards not recognizing the sovereign rights of Gibraltar as determined by its people and the United Kingdom. The Spanish Socialist government has been advocating for dialogue with Gibraltar and the UK, however talks these days seem to be lost in translation.

Why is the Spanish Government so reticent to conclude a treaty with Gibraltar? why is Gibraltar not removed from the Spanish taxhaven blacklist?

(more…)

2010 OECD Model Tax Convention, Transfer Pricing and updated PE definition

Monday, August 9th, 2010

From the OECD site 22 July 2010 — The OECD Council today approved the 2010 versions of the OECD’s Model Tax Convention, the 1995 Transfer Pricing Guidelines and the 2008 Report on the Attribution of Profits to Permanent Establishments. The updates are the result of several years of work to improve these core OECD instruments in the area of international taxation.

(more…)

Copyright © 2008-2010, León Fernando del Canto - Legal Notices - Contact Us. All Rights Reserved.Entries (RSS) and Comments (RSS).

International Tax Law Barrister, Lawyer, Abrogado & Attorney, Leon Fernando del Canto of Konsilia, offering services relating to international tax planning, tax advice, private clients, international law, serving Spain, United Kingdom, Europe.

Tax Precision is the trading name of León Fernando del Canto Gonzalez, a Barrister regulated by the General Council of the Bar in England and the Colegio de Abogados de Jerez de la Frontera.