NEW TAXES ON THE FINANCIAL SECTOR

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That study examines in depth the proposals from European Commission for the introduction of a tax on financial transactions as much as the proposals that, from various international forums, have been carried out ahead in that direction; analysing the specific measures taken in various jurisdictions, mainly within the European Union, as well as the current situation existing in Spain. Download available
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PROPOSALS FOR THE REFORM OF THE LEGISLATIVE FRAMEWORK FOR REAL ESTATE TAXATION

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This publication aims to identify the main problems present in the current legislation on real estate taxation and offers a series of recommendations and proposals for improvement that take as their starting point the merits of the current tax system applicable to the real estate business, and facilitate a review of the applicable tax regulations. Download available
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FUNDACIÓN IC: BEPS PROJECT

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OVERVIEW The Fundación Impuestos y Competitividad is of the view that close monitoring is required of the measures proposed in the various documents published within the framework of the OECD's Action Plan on BEPS, aimed at combating so-called "Aggressive Tax Planning" (hereinafter ATP"). The Action Plan on BEPS, as we all know, is made up of 15 actions intended to address different aspects which the OECD considers important in combating Aggressive Tax Planning (ATP), which is understood to refer primarily to operations which, without being "illegal" as such, give rise to structures whic...
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GENERAL ANTI-ABUSE CLAUSE IN SPANISH TAX LEGISLATION: PROPOSALS FOR INCREASED LEGAL CERTAINTY

Maximino Linares, Luis Mª Cazorla y Ricardo Gómez-Acebo_WEB
Anti-abuse clauses are the mechanism typically used by different jurisdictions to avoid “abuse of tax rules” in a business environment characterised by the growing numbers of cross-border transactions taking place. Clauses of this kind are gaining increasing importance internationally, triggering their implementation by countries which have traditionally been reluctant to impose them, their recasting by other countries, the issue by supra-national organisations such as the European Commission of recommendations for their adaption, and their interpretation by tax authorities in highly expansive...
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Proposal for the implementation of dispute resolutions, with special reference to arbitration

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The study on alternative measures for resolving disputes commissioned by the Tax and Competitiveness Foundation from a team of experienced and renowned professionals, is under the supervision of Professor Pablo Chico de la Cámara from the Rey Juan Carlos University. The study proposes the introduction into the Spanish legal system of the concept of arbitration. As the authors claim, arbitration represents an optional solution which would be an alternative to the filing of economic-administrative claims and judicial reviews. The Foundation already reflected this priority issue in its document o...
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PROPOSAL FOR THE IMPLEMENTATION OF ALTERNATIVE DISPUTE RESOLUTIONS (ADR)IN THE SPANISH TAX SYSTEM WITH SPECIAL REFERENCE TO ARBITRATION

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The general aim of the Tax and Competitiveness Foundation is already known: to contribute to the improvement of the tax system and its practical application. In this last area one of the issues most clearly identified as negative is doubtlessly the existence of a wide-range of tax-related disputes, which, furthermore leads to lengthy lawsuits very often lasting more than 10 years, and which are excessive and contrary to the requirements of an advanced tax system that is compatible with legal certainty and economic competiveness. Aside from the above, in its document published in March 2014 ...
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