Post by account_disabled on Feb 20, 2024 1:25:06 GMT -6
For Eduardo Gracia , partner at Ashurst Spain and directs the Tax Law department at Ashurst Madrid as well as Ashurst's Tax Law practice in EMEA and the US, despite what the Treasury says, the tax has been collected by a third. "They planned to raise about 1.5 billion without prejudice to estate taxes."
In the opinion of this lawyer “they have fallen far short of what was planned because they made a huge mistake in drafting the law , but that means doing it in a hurry. Then they couldn't rectify it because the Council of State stopped them."
This error comes because the law established that, when making the calculation, the taxpayer would have to take into account the "full fee" of Patrimony instead of the Fax Lists fee actually paid . Although the Executive wanted to change this error through the Ministerial Order that approved the model for its liquidation, the Council of State pointed out that the modification is not a "mere clarification", but rather "is clearly contravening a totally inappropriate channel, both from the perspective of the normative range of the provision and from the guarantee of legal certainty" of the Wealth Tax law and the Great Fortunes law.
Gracia clarifies that many of these taxpayers who already paid their tax at the end of July “ have contested the settlement . We know that in some resolutions the Treasury has denied said challenge to self-assessments, with which the matter can end up in court , especially in the Central Economic Administrative Court (TEAC) provided for matters of more than 150,000 euros if the figure is less than 50,000 euros. I would go to the regional TEAR.”
In this context, the expert believes that the ruling of the Constitutional Court on the appeals filed by the autonomous communities of Madrid and Galicia will be key. “In this regard, everything seems to indicate that we will have a ruling before the end of this year. “It is going to be a key ruling in this entire tax and its future.”
In the opinion of this lawyer “they have fallen far short of what was planned because they made a huge mistake in drafting the law , but that means doing it in a hurry. Then they couldn't rectify it because the Council of State stopped them."
This error comes because the law established that, when making the calculation, the taxpayer would have to take into account the "full fee" of Patrimony instead of the Fax Lists fee actually paid . Although the Executive wanted to change this error through the Ministerial Order that approved the model for its liquidation, the Council of State pointed out that the modification is not a "mere clarification", but rather "is clearly contravening a totally inappropriate channel, both from the perspective of the normative range of the provision and from the guarantee of legal certainty" of the Wealth Tax law and the Great Fortunes law.
Gracia clarifies that many of these taxpayers who already paid their tax at the end of July “ have contested the settlement . We know that in some resolutions the Treasury has denied said challenge to self-assessments, with which the matter can end up in court , especially in the Central Economic Administrative Court (TEAC) provided for matters of more than 150,000 euros if the figure is less than 50,000 euros. I would go to the regional TEAR.”
In this context, the expert believes that the ruling of the Constitutional Court on the appeals filed by the autonomous communities of Madrid and Galicia will be key. “In this regard, everything seems to indicate that we will have a ruling before the end of this year. “It is going to be a key ruling in this entire tax and its future.”