Spain Tax News

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ECJ: 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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European Commission refers Netherlands to ECJ for not exempting dividends paid to companies established in certain EFTA countries from withholding tax

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ECJ: Advocate General finds 5% add-back of tax credits for withholding tax abroad compatible with Parent-Subsidiary Directive – details

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European Commission takes steps against Germany, Estonia and Czech Republic regarding taxation of outbound dividends

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European Commission takes steps against Belgium for failure to adopt implementing measures of Merger Directive

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Treaty between Peru and Spain – negative legal opinion from Congress's Foreign Affairs Commission

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Bill to terminate treaty with Spain adopted by Danish parliament

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ECJ: Advocate General finds German rules on taxation of cross-border dividends under old imputation system compatible with EC law

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Treaty between Spain and Malaysia enters into force

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Treaty between Spain and South Africa – entry into force and details

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European Commission issues communication regarding accession of Bulgaria and Romania to Arbitration Convention

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ECJ: Advocate General finds the 5% add-back of tax credits for withholding tax at source abroad compatible with Parent-Subsidiary Directive

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ECJ: Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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Treaty between Chile and Spain – Chilean clarification on PE concept

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OECD released discussion draft on transactional profit methods

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ECJ: German transitional rules for taxation of capital gains incompatible with EC free movement of capital

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Communication published on application of anti-abuse measures in area of direct taxation – within the EU and in relation to third countries

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Corporate income tax

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Due to the election on 13 November 2007, several tax bills which at the time were not yet adopted were annulled. In the beginning of December 2007, the majority of the tax bills were reintroduced by the government.

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ECJ:Swedish legislation limiting exemption of third-country dividends justifiable restriction on EC free movement of capital

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Treaty between Qatar and Spain – negotiations

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Treaty between Spain and Saudi Arabia – details

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Draft regulations on anti-avoidance measures published

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Treaty between Spain and Senegal – details

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ECJ: Advocate General finds Swedish legislation limiting the exemption of third-country dividends justifiable restriction on EC free movement of capital – details

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Treaty between Denmark and Spain - Danish election invalidates tax bill to terminate treaty

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ECJ: hearing in case regarding transitional rules in respect of abolished German imputation system

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Corporate income tax – amended

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Treaty between Spain and Trinidad and Tobago initialled

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Compatibility of exclusion of indirect ownership through companies in other EU Member States for French tax consolidation purposes with freedom of establishment referred to ECJ

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