9/10/2025 3:33:41 PM Spain’s National Court recognises non-EU taxpayers’ right to be taxed on a net basis, by deducting expenses against their Spanish source income By Guillermo Canalejo Isabel Desviat In a landmark decision, Spain’s National Court (Audiencia Nacional) has applied CJEU case law on the free movement of capital to conclude...
3/6/2025 3:08:49 PM Global minimum tax and Spanish rental property businesses By David Vilches Law 7/2024 of 20 December 2024, which establishes a top-up tax to ensure a global minimum level of 15% tax for multinational enterprise...
1/27/2025 12:59:21 PM Europe's Decision on Bizkaia's Withholding Tax: Key Implications for International Investments By Iratxe Celaya Cristina Puerta On 19 December 2024, the Court of Justice of the European Union (CJEU) delivered a significant decision in the case of Credit Suisse...
2/21/2024 5:14:20 PM Fine-tuning in international tax planning – the art of allocating head office’s management expenses to its foreign permanent establishments By Daniel Alió Euvrard The Spanish Supreme Court recently ruled on the criteria to be used to allocate (part of) the general management and administrative...
12/4/2023 3:24:02 PM Sunny days ahead for green energy investors: new Spanish tax ruling brightens prospects for RtB greenfield projects in the renewable energy sector By Daniel Alió Euvrard Luis Suárez de Centi A recent binding tax ruling (V2200-23) issued by the Spanish tax authorities introduces a favourable change to the criteria to be met to...
11/7/2023 4:12:36 PM Are you an AIF? Are you comparable to a Spanish AIF? If yes, you could be entitled to a limited 1% tax on your Spanish source income By Violeta Pina Carlos Arrieta Martínez Valentín Magraner Bou The 1% income tax treatment, instead of the standard 19% tax, is available to non-Spanish tax resident alternative investment funds...
7/31/2023 9:38:13 AM Purpose tests in anti-abuse or anti-avoidance provisions in Spain By Víctor Viana Teresa Morales Marta Hernández-Mora Olivié The Spanish tax authorities can challenge transactions under purposes tests in the two different general anti-abuse rules (GAARs) as well...
7/26/2023 8:43:13 AM Beneficial ownership from a Spanish perspective By Víctor Viana Teresa Morales Marta Hernández-Mora Olivié Since the Danish conduit cases, the Spanish tax authorities have used the beneficial ownership concept to deny the application of...
7/11/2023 11:02:20 AM Good news for non-residents with assets in Spain? A promising Wealth Tax precedent. By Alex Pié Santiago Tórtola A recent decision may pave the way for non-residents with assets in Spain to benefit from significant Spanish Wealth Tax reductions. The...
6/28/2023 1:38:01 PM Spanish Supreme Court follows CJEU's case law: dividend distributions within the EU shall be tax exempt unless the tax authorities prove abuse By David López Carlos Arrieta Martínez In a recent ruling issued on 8 June 2023, the Spanish Supreme Court followed the Court of Justice of the European Union’s decisions in...
4/28/2023 10:11:55 AM Bizkaia, a first mover in Spain’s film industry, provides a tax incentive of up to 70% for foreign and domestic audio-visual productions By Cristina Puerta As mentioned in a previous post, the three historical territories of the Basque Country in Spain (as well as Navarre) have their own tax...
2/16/2023 1:32:19 PM New Spanish tax on non-reusable plastic packaging By Álvaro García Ferriz María González Cuervo As part of the EU’s economic recovery package and circular economy policies, the EU introduced a “plastic levy” based on the amount of...
2/14/2023 3:04:34 PM Spanish “tax haven” list replaced after 32 years with new “non-cooperative jurisdiction” list By Miloslava Ilcheva In line with new international criteria, the term “tax haven” used in Spanish Royal Decree 1080/1991 (that’s right, 1991!) has been...
2/13/2023 11:02:04 AM Bizkaia: a tax ecosystem for entrepreneurs By Cristina Puerta Although the recent approval of the Start-up Law in the “common” Spanish territory (as opposed to the historic territorios forales of the...
1/31/2023 1:11:17 PM New limitation on the offsetting of tax losses generated in 2023 by entities taxed under the Spanish CIT consolidation regime By Álvaro García Ferriz María González Cuervo This post provides an overview of the Spanish legal framework applicable to the use of carried forward tax losses (NOLs) and briefly...
1/17/2023 4:59:23 PM Thinking of setting up a business in Spain? Take a look at the new tax incentives for start-ups By Alex Pié Alberto Artamendi Gutiérrez In our previous posts on the recently approved Law to foster Spain’s start-up ecosystem (here and here), we focused on tempting expats...