Raúl Salas, Tax Law partner, and Elena Ferrer-Sama, Area Director of Tax Law, have collaborated in Chambers and Partners' Corporate Tax Global Practice guide, providing expert insights on the industry’s regulatory authorities, companies’ legal risks, cross- jurisdictional issues and more. Read the overview for more expert commentary on the legal issues around Tax.
You can consult the chapter in the following link.
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Today, the 2024 General State Budget Law is still in the negotiation and processing phase, however, in December 2023 various tax-related regulations were approved, introducing modifications to several taxes and creating new obligations in the procedures and computer systems of businessmen and professionals.
The amendments introduced in some cases are effective in the year 2023 itself, without this implying, unlike what happened at the end of 2022, the creation of new taxes or tax levies with retroactive effect.
On this occasion, these are either pending regulatory developments on aspects modified by law previously, or extensions of special regimes or existing incentives such as those associated with investments and actions that generate energy savings, or, in some cases, such as the modifications to the so-called "Patronage Law", favourable technical modifications are incorporated which, in part, will be applicable with effect from 2023 itself.
In other cases, the amendments will take effect in 2024 or 2025.
Noteworthy for their relevance are the regulatory development that had been pending since the modification at the end of 2022 of the personal income tax impatriate regime or "Beckham regime", and the expected improvements in the regulation governing the tax regime applicable to non-profit organisations and collaboration agreements (colloquially known as the "Patronage Law").
While these are the most important changes, there are many other changes to the main taxes.
We will try to summarise the content of all of them in this Tax Alert.
Finally, we cannot fail to mention the publication on 27 December 2023 of the Preliminary Draft Bill establishing a supplementary tax to guarantee an overall minimum level of taxation for multinational groups and large domestic groups (Pillar 2).
On that date, the public information procedure was initiated and the text is currently in the phase of processing the comments received from the Tax Administration.
This is going to be a very significant modification to the Spanish tax system, affecting entities that form part of multinational and national groups with a turnover of at least 750 million euros and is expected to be transposed into our legislation within this year in accordance with the provisions of EU Directive 2022/2523.
In due course, we will provide you with the most relevant information.
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In the coming months, digital markets will undergo a tremendously important regulatory change, insofar as several companies identified as particularly dominant in these markets will be obliged to comply with the important obligations imposed on them, as of 6 March 2024, by Regulation (EU) 2022/1925 on Digital Markets.
Specifically, six companies have been designated, to date, as gatekeepers by the European Commission: Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft, owners of digital platforms such as Google, Youtube, Facebook, Instagram, App Store, IOS, Android, Whatsapp, Messenger or TikTok, among others.
Some of these obligations imposed by the European Commission on gatekeepers include the following:
The European Commission will be in charge of supervising compliance with these obligations, with the support of the National Commission for Markets and Competition and the Spanish Data Protection Agency in our country.
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This past week we have been awaiting the publication of two important resolutions that will affect the housing rental market in Catalonia and whose application was pending after the approval of the State Housing Law, in force since 26 May 2023, which amends the Urban Leases Law to limit rents:
The Resolution of the Department of Territory of the Generalitat de Catalunya, by which various municipalities are declared stressed residential market areas ("ZMRT"), in accordance with the State Housing Act.
The Resolution of the Ministry of Housing and Urban Agenda ("MIVAU"), which was to approve the Rental Reference Price Index.
On 14 March 2024, the Resolution of the Department of Territory came into force, declaring 140 Catalan municipalities as stressed residential market areas. In view of this, it should be taken into account:
The following day, Friday 15 March, the MIVAU Resolution was published, which came into force on Saturday 16 March, establishing a new legal framework for rent containment at state and regional level. This resolution validates and declares as ZMRT the 140 Catalan municipalities declared by the Resolution of the Department of Territory of the Generalitat, to which the provisions of the Law on Urban Leases modified by the Housing Law applicable in areas with a stressed residential market will be applicable.
In an attempt to contextualise the importance of the publication of both resolutions, the well-known Housing Law, which came into force on 26 May 2023, introduced new precepts in the Urban Leases Law, with the intention of limiting the rents applicable to lease contracts signed after its entry into force, as well as the assumption of property management costs by the lessor.
However, the entry into force of its effects was conditional on the resolution of the Ministry of Housing and the Urban Agenda. On the other hand, and in accordance with article 18.2 of the Housing Act, the competent housing administrations - the regional administration - are competent to declare the "stressed residential market areas", for the purposes of applying all the measures provided for in this law.
Thus, the publication and entry into force of both resolutions makes it possible to specify such fundamental aspects as the containment of rents in new contracts, or the possibility of modifying the concept of large tenant.
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The department of Relationships with Public Administrations of RocaJunyent has contributed to the chapter on Spain that belongs to the Lexology Panoramic guide: Administrative and Public Law 2024.
You can consult the chapter at the following link.
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Raúl Salas, Tax Law partner, Elena Ferrer-Sama, Area Director of Tax Law, and Pilar Vacas, Tax Law partner, have collaborated in Chambers and Partners' Corporate Tax 2024 guide, elaborating, specifically on Spain, the latest legal information on types of business entities, special incentives, consolidated tax grouping, individual and corporate tax rates, withholding taxes, tax treaties, transfer pricing, anti-avoidance, audit cycles, and base erosion and profit shifting (BEPS).
You can consult the chapter in the following link.
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The ESG: Corporate Sustainability team of RocaJunyent has collaborated in the "Environmental, Social and Governance Law - 2024" guide with the contribution to the chapter on Spain "ICLG - Environmental, Social & Governance Law - Spain Chapter" which covers common issues in ESG law – including principal sources of ESG pressure, integration of ESG into business operations and planning, finance and the impact of COVI.
You can consult the guide on this link.
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RocaJunyent stands out especially in the variables of companionship, welcome in the team, personal competence and integrity, and pride in belonging.
The firm improves by 14 points in the overall confidence index of its team, one of the largest increases seen by GPTW.
RocaJunyent is the only firm to obtain this recognition.
Madrid, 29 February 2024. RocaJunyent has once again obtained, for the second consecutive edition, the coveted Great Place to Work (GPTW) certificate, reflecting the firm's continued commitment to the well-being and satisfaction of its team. This recognition comes two years after the firm was awarded this seal for the first time, further consolidating the firm's position as one of the best law firms to work for in Spain.
The Great Place to Work seal is a testament to the positive working environment and excellent working culture that RocaJunyent cultivates within its organisation. The firm is proud of the recognition awarded by its own professionals, who participated in the GPTW survey and highlighted the quality of the working environment offered by the firm.
"The results obtained are an incentive to continue improving as a firm. We work to create an inclusive, collaborative and rewarding environment for our entire team, and we are convinced that this internal excellence results in an even better service to our clients," explains Natalia Martí, partner and head of the Equality, Diversity and Inclusion Committee at RocaJunyent.
One of the highlights of this edition is the notable increase in the Trust Index, the overall trust score, which has increased by 14 points compared to the previous survey, standing at 76 points. This significant progress demonstrates RocaJunyent's commitment to its employees, and is the result of the implementation of effective measures to permanently improve the working environment.
RocaJunyent is the only law firm to obtain the Great Place to Work distinction. RocaJunyent's professionals have stood out:
Other highlights of the survey include the perception of excellence in customer service (90 out of 100), commitment to diversity, trust in superiors and the perception of high individual responsibility (83 out of 100), non-discrimination of any kind (87 out of 100) and pride in belonging to RocaJunyent.
With these results, RocaJunyent reaffirms its commitment to excellence in the workplace and is proud to be recognised as a place where professionals can grow, prosper and feel valued.
RocaJunyent's Tax Law Department is one of the largest in the firm; it has 9 partners and 32 lawyers and economists spread between the offices in Barcelona, Girona and Madrid.
The Girona office, headed by Josep Pujolràs, has 25 years of experience advising the region's business community.
Barcelona, 22 February 2024. RocaJunyent has hired Imma Ferrés Soler as a new partner in the Tax team in Girona. The signing is part of the office's consolidation strategy, and comes a month after the incorporation of Albert Martínez Rodríguez as a partner in Labour Law. Led by partner Josep Pujolràs, RocaJunyent's Girona office has 25 years of experience advising the province's business community.
Imma Ferrés is a tax lawyer with more than 20 years of experience in the field of legal advice on tax and accounting matters. The new partner is an expert in tax planning, review and analysis of corporate operations, tax, accounting and commercial advice on business restructuring operations, tax inspections and preparation of reports and appeals. With extensive knowledge of the regulations underpinning the tax system, the lawyer has specialised in complex tax negotiations and the resolution of tax litigation. The new partner joins RocaJunyent from Agencia Mata 2040, where she was head of the Tax Department.
With her incorporation, RocaJunyent's Tax Law team has grown to 9 partners and 32 lawyers and economists, distributed between the offices in Girona, Barcelona and Madrid. The firm's Tax department was also reinforced in 2023 with two promotions to partner: Pilar Vacas in the Madrid office and Carles Calafell in Barcelona.
RocaJunyent's Girona office has three partners and three senior professionals, specialists who offer advice in the main disciplines of business law, mainly corporate law, restructuring, tax, insolvency and labour law.
By judgment of 18-1-2024, the Constitutional Court (hereinafter, TC) has declared the unconstitutionality of certain provisions of Royal Decree-Law (RD-L) 3/2016, of 2 December. This ruling is a consequence of one of the two questions of unconstitutionality raised by the Audiencia Nacional (AN) in relation to two contentious-administrative appeals that are being processed.
Provisions declared unconstitutional
The NA brought before the TC the unconstitutionality of the 15th Additional Provision of the Corporate Income Tax Act (hereinafter, LIS) and paragraph 3 of the 16th Transitional Provision of the LIS, both precepts in the wording given by article 3. First, sections One and Two of RD-L 3/2016.
Grounds of Unconstitutionality
According to the TC, there is no impediment to establishing, modifying or repealing taxes by means of a decree-law, provided that there is a situation of extraordinary urgency that justifies it, and that the duty to contribute to the support of public expenditure established in art. 31.1 EC is not affected.
Claims rejected
The appellant requested that other grounds of unconstitutionality also be analysed, and not only that of the rank of the regulation. The Constitutional Court, as it did when it declared the unconstitutionality of RD-L 2/2016, points out that, once a regulation has been annulled for contravening art. 86.1 EC, it is no longer appropriate to analyse other infringements.
Effects of the declaration of unconstitutionality
As has occurred in other rulings, it is established that IS tax obligations that on 18-1-2024: (i) have been decided with a final administrative ruling or resolution, (ii) or settlements not contested on the same date; (iii) or self-assessments whose rectification has not been requested on the same date, cannot be reviewed on the basis of this ruling.
The judgement has a dissenting opinion which, despite agreeing with the grounds and the ruling, disagrees with the limitation of the effects of the judgement.
In our opinion, it is not foreseeable that this regulation could be processed, approved and have effects for tax periods already concluded, therefore, companies whose turnover for the previous year has exceeded 20 million euros will be able to complete the corporate income tax return for the period 2023 without taking into consideration the amendments introduced by RDL 3/2016, now declared unconstitutional.
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