Tax advice is an essential area that requires a high level of specialization in the different taxes of our tax system, without losing the global perspective.
Only from this perspective and a continuous investment in the knowledge management of the team, enhancing its intellectual capital, it is possible to align the tax and fiscal system with the specific needs of each client.
In this way, our tax department offers recurrent or specific advisory services in tax matters at national and international level, both to Spanish and foreign companies and multinational groups. We give a personalized response to questions that arise to the issuance of opinions and the realization of planning, to the completion of returns and attention to requirements, assistance in the checks and inspections…
At Fornell Assessors we provide a comprehensive tax consultancy service:
- Tax advice
- Due diligence
- Analysis of taxation of specific economic and patrimonial operations.
- Taxation of the remuneration of executives and members of the board of directors.
- Tax planning and advice on the international mobility of workers.
- Taxation of corporate groups
- Transfer pricing
- Corporate restructuring operations
- International taxation
- Tax advice on personal and/or family assets, including, where appropriate, planning for inheritance and gift tax purposes.
- Taxation of family businesses
- Specific advice on taxation of non-profit entities and cooperative societies.
- Local taxation (IAE, IBI, municipal capital gains tax, etc.).
- Representation and defense of our clients’ interests in their proceedings with the tax authorities.
Fornell Assessors ofrece un completo asesoramiento legal para responder a todas las necesidades de la empresa.
Labor Law Advice
In order to provide a comprehensive service to our clients, the firm incorporates the practice of labor law.
Our advice is based on an absolute availability, in order to provide quick and adequate answers to your queries.
In this section we want to answer all those doubts related to different issues within the tax field. If you have more questions, please contact us.
When is the new wording of Article 23.2 of the Personal Income Tax Law applicable?
The amendment of section 2 of Article 23 of the Personal Income Tax Law made by Article Three. Two of the Law on measures for the prevention and fight against fraud, in accordance with letter d) of Final Provision 7 of said Law, is effective as of the day following the day of publication of the regulation in the BOE (Official State Gazette).
Therefore, it will be applicable as long as the requirements established in Article 23 of the LIRPF are met, in relation to the self-assessments of the Tax for the fiscal year 2021 onwards, regardless of whether they are filed within or outside the established period.
In addition, for the year 2021 and since the tax accrues on the last day of the tax period, the new wording will be applicable to the net income for the whole year and not only to the income payable as from the entry into force of the new wording.
Have there been any regulatory changes affecting the accrual of interest for late payment?
Yes, Article 26.2 f) of Law 58/2003, of December 17, 2003, General Tax Law, hereinafter LGT, has been modified, which is worded as follows:
“f) When the taxpayer has obtained an improper refund, unless he voluntarily regularizes his tax situation without prejudice to the provisions of paragraph 2 of article 27.2 of this law regarding the filing of extemporaneous returns without prior request”.
With the new wording, since the entry into force of the Law, the surcharge of article 27 of the LGT is required as follows:
-For the part of the refund, from the date of the refund.
-For the remainder, from the end of the tax return period.
Under the regime prior to the entry into force of the Law, interest was required for the part of the refund (i.e., for the part of the refund unduly obtained) and surcharges under Article 27 of the LGT for the excess.
What rights will be affected by the suspension of the statute of limitations period provided for in paragraph 2 of the ninth additional provision of Royal Decree-Law 11/2020, of March 31, following the amendment made by the Law on the Prevention and Fight against Tax Fraud?
It will be necessary to refer to the filing deadlines for each tax and to the rules for calculating the statute of limitations period for the rights contemplated in article 66 of the LGT.
For example, in the case of the right of the Administration to determine the tax debt by means of the corresponding liquidation and assuming that the interruption of the same had not previously occurred, the last tax period to which the suspension of the period would affect and the first one to which it would no longer be applicable, would be the following:
Personal income tax: the last tax period affected by the suspension of the statute of limitations period of the right to settle is that corresponding to the 2016 tax year, for which the filing deadline ended on June 30, 2017 and for which the statute of limitations period of the right to determine the debt would have ended before July 1, 2021, if the suspension of the same approved by Royal Decree-Law 11/2020, of March 31, is not taken into account.
For personal income tax for the years 2017 onwards, the suspension of the statute of limitations period will not be applicable.
VAT with quarterly reporting period: the last tax period affected by the suspension is the first quarter of 2017, for which the reporting period ended on April 20, 2017 and for which the statute of limitations would have ended before July 1, 2021, if the suspension of the statute of limitations approved by Royal Decree-Law 11/2020 of March 31 is not taken into account.
For VAT for the second quarter of the 2017 fiscal year onwards, the suspension of the period will not be applicable.
VAT with monthly reporting period: the last tax period affected by the suspension of the deadline is the one corresponding to the month of May 2017, for which the reporting period ended on June 20, 2017 and for which the statute of limitations would have ended before July 1, 2021, if the suspension of the deadline approved by Royal Decree-Law 11/2020, of March 31, is not taken into account.
For VAT for the month of June 2017 onwards, the suspension of the period will not be applicable.
Corporate income tax of entities whose tax period coincides with the calendar year: the last tax period affected by the suspension of the statute of limitations period is the 2015 tax year, for which the filing deadline ended on July 25, 2016 and for which the statute of limitations period for the right to determine the debt would have ended before July 1, 2021, if the suspension thereof approved by Royal Decree-Law 11/2020, of March 31, is not taken into account.
The suspension of the statute of limitations will not be applicable for IS for 2016 and thereafter.
Has the regulatory change affected the penalty regime provided for in the General Tax Law?
Yes, the percentages of reduction for the case of assessments with agreement and, on the other hand, of reduction for prompt payment and not filing an appeal or claim have been modified.
The term for the initiation of sanctioning procedures as a consequence of a procedure initiated by means of a declaration or a procedure of data verification, verification or inspection is also modified.
Reduction of penalties for prompt payment and failure to file an appeal or claim. Modification of Article 188.3 of the LGT. The 25% reduction becomes 40%.
Reduction of penalties for assessments with agreement. Modification of article 188.1 a) of the LGT. The 50% reduction becomes 65%.
Time limit for the initiation of sanctioning proceedings as a result of a procedure initiated by means of a declaration or a data verification, verification or inspection procedure. Modification of Article 209.2 of the LGT. The term is extended from 3 to 6 months.
Which regime is applicable to complementary d hich regime is applicable to complementary tax returns filed after the deadline that include the reimbursement of a refund obtained from a previous self-assessment?
a) Complementary tax returns filed before the entry into force of the rule
of the regulation: Interest will be charged on the portion of the refund (i.e., the undue refund portion) (i.e., for the part of the refund unduly obtained) and surcharges of article 27 of the LGT for the excess. Complementary declarations filed since the entry into force of the rule
b) Complementary declarations filed since the entry into force of the regulation, a surcharge of article 27 of the LGT is required as follows
b.1) For the part of the refund, from the date of the refund.
b.2) For the remainder, from the end of the tax return period.
The new wording of the precept determines that the accrual of late payment interest will be made in accordance with the following interest for late payment will be made in accordance with the provisions of art. 27 of the LGT.
However, a distinction must be made depending on whether the amounts to be paid are from a reimbursement of a refund or of an amount to be paid.
– If it is a reimbursement of a refund, the term for the purposes of applying the purposes of applying art. 27 with its system of surcharges and interest will start from the moment of the the moment of the refund.
– If it is an installment to be paid from the day following the end of the voluntary period.
What taxes do I have to pay or declare for cryptocurrencies?
If you are a tax resident in Spain, you must declare your possession in the Wealth Tax (IP) in the case of exceeding the legal threshold for it. The economic price of the cryptocurrencies held at that moment must be recorded.
Also their transmission, both in personal income tax (IRPF) and in inheritance and gift tax.
In the case that the cryptocurrencies are located abroad and exceed a value of 50,000 euros, and, already once declared, in the subsequent year in which the variation in value exceeds 20,000 euros.” Obligation as from 2022.
In the IRPF it will only be necessary to declare the gains reported by the income, transmissions or sales of cryptocurrencies. These amounts, must be included in the taxable savings base of the income tax. A section that covers both the interest left by deposits and accounts in banks, as well as the positive balance resulting from calculating the capital gains and losses derived from transfers of capital items As a novelty for 2021, the Tax Agency has included within the section “Capital gains and losses derived from the transfer of other capital items”, the denomination of “virtual currency” in a box.
As it is a capital gain to be included in the savings base, taxation ranges between 19% and 26% depending on the amount of the gain obtained. 19% will be applied on the first bracket, which reaches up to 6,000 euros; 21% on the second bracket, which is between 6,000 and 50,000 euros; 23% for the bracket from 50,000 to 200,000 euros; and, finally, 26% for those capital gains exceeding 200,000 euros.
They are also taxed when the profitability obtained by the staking is received, declaring them conveniently in the IRPF declaration. The staking process consists of acquiring cryptocurrencies and keeping them locked in a virtual wallet to receive profits or rewards. Being considered as a kind of dividend, the gains would be included in the savings base and taxed at a progressive rate depending on the amount of the gain (19%, 21%, 23% or 26%)”.