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European Commission March Infringement Package Includes Tax Issues for Spain on Royalty Withholding Tax and Capital Gains Tax for Non-Residents

|Approved Changes|European Union-Spain
European Union-Spain

The European Commission has published its March infringements package: key decisions. With respect to taxation, the package contains two issues for Spain:

  • The non-deductibility of expenses when calculating withholding tax on cross-border royalty payments to non-residents (Spain sent a reasoned opinion); and
  • The inability of non-residents to defer tax on capital gains when a payment for a transfer of assets is deferred for longer than a year or is paid in instalments over a period longer tha…

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