The municipal capital gain and its unconstitutionality does not create an automatic right to compensation for the taxpayer

In Spain, the plusvalía or also known as the Impuesto municipal sobre incremento de valor de terrenos de naturaleza urbana (IIVTNU) or simply “plusvalía municipal” is based on the theory that when a property changes ownership, its value increases over time due to factors such as inflation, urban development and market demand. However, the application…

Digitalization of notarial services

As anticipated in a previous publication of this blog dated May 11, 2023, the enactment of Law 11/2023 of May 8, published in the Official State Gazette (BOE), has represented a relevant event in the modernization of the Spanish notarial system. This law, by incorporating Directive (EU) 2019/1151 of the European Parliament and of the…

Economic activity of leasing for tax purposes.

Unlike other economic activities, property rental has been subject to certain requirements in order to be considered as such for tax purposes, which we will discuss below. For Income Tax, according to Article 27 of the LIRPF, property rental is considered an economic activity when it is carried out by at least one person employed…

Opportunity to recover Wealth Tax 2021-2022

Opportunity to recover Wealth Tax 2021-2022 Everything indicates that the Constitutional Court will issue a ruling on the constitutionality of the Wealth Tax for the years 2021 and 2022. In the fiscal year 2021, the Wealth Tax, through the General State Budget Law (“ Ley de Presupuestos Generales del Estado”), suffered an increase in its…