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  • Member Access
    Aviso legal Nombre Usuario Contraseña Iniciar sesión Olvido su contraseña Olvido su usuario LEXTAX CONSULTING Abogados Asesores Carrer D Avall 31 03730 Jávea Alicante España T 34 96 579 20 15 Esta dirección de correo electrónico está protegida contra spambots

    Original URL path: http://www.lextax.es/index.php/es/j-stuff/member-access (2016-04-30)
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  • Other services
    your internal legal needs train your teams to offer legal updates design and provide in house seminars etc And all this from a previous analysis of your organization and your teams to offer a tailored solution and future practice Commercial and Corporate Law Labor Law Tax Planning Accounting Data protection and new technologies Civil law Real Estate and Urban planning Other services LEXTAX CONSULTING Lawyers Advisors Carrer D Avall 31

    Original URL path: http://www.lextax.es/index.php/en/other-services (2016-04-30)
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  • Displaying items by tag: TAX
    serious offenses Penalties in these cases are fixed generally in an amount of 5 000 euros per item or set of data on the same asset if the declaration has not been submitted or has been presented but includes inaccurate or false data with a minimum of 10 000 euros The amount of data or data set is reduced to 100 euros with a minimum of 1 500 euros if the information model is filed late without prior notification or when it is presented by means other than electronic computer and communication when it is compulsory to use these means Effects on income tax and corporation tax Failure to comply with this new reporting requirement in term besides the punitive consequences aforementioned also produces effects in the field of income tax and corporation tax For Personal Income Tax tenure statement or acquisition of goods or rights in respect of which the obligation to declare has not been fulfilled will be considered a taxable capital gain and integrated into the overall tax base of the oldest non prescribed tax year For the Corporate Income Tax goods and rights will be considered as acquired with undeclared income and will also be assigned to the oldest non prescribed tax period This applies to periods ending as of October 31 2012 The Act with unclear wording establishes that the imputation of rent will be appropriate to the period in which this new wording of the rule was in force We are therefore faced with a irrebuttable presumption applicable even if the taxpayer can establish that such property or rights come from a prescribed exercise However this presumption would not be applicable if the taxpayer or the taxpayer can prove that these goods and rights have been acquired With declared income which would include income regularized by special tax return regulated in the first additional provision of Royal Decree Law 12 2012 also known as tax amnesty With income earned in tax years in which the tax payer was not a taxpayer in Spain of the Personal or Corporate Income Tax respectively Penalties Treating capital gains as unjustified or unreported income entails the imposition of sanctions for very serious offense with proportionate pecuniary penalty of 150 of the amount of the tax liability resulting from its inclusion in the tax base of the oldest non prescribed tax year These effects occur from October 31 2012 date of entry into force of the Law 7 2012 The information provided in this article is not intended to be legal advice but merely conveys general information related to legal issues We kindly invite you to visit and comment about this article in our blog and at facebook your comments in this respect will be greatly appreciated Published in Tax Read more Sunday 16 September 2012 14 52 Partial refund of past IBI receipts and other taxes calculated on the rateable value of properties As you may already know the revised assessment of rateable values of real estate in Jávea carried out in 2005 on the basis of which the Jávea Town Hall has calculated IBI Property Rates receipts since 2006 has been annulled under the Judgment of the High Court of Justice of the Valencian Region dated December 20 2007 The correctness of that judgment has now been recognized and upheld by the Supreme Court judgment dated March 22nd 2012 One consequence of this is that all taxes paid pursuant to that valuation become null and void Examples of such taxes are the receipts of the IBI Property Rates and Tax on the Increment in the Value of Urban Land IIVTNU payable on the sale of property There are also other taxes that are calculated based on the rateable value and that are affected by the cancellation of the revised assessment of rateable values of 2005 Inheritance and Gift Tax Income Tax of Individuals and Income Tax of Non Residents You therefore may want to consider making a claim for the refund of amounts overpaid in respect of these taxes in prior years In the case of IBI we recommend that you can make a claim to the Jávea Town Hall in respect of the amount unduly paid in 2006 to 2011 However please note that on a strict interpretation of the law it may only be possible to go back 4 years prior the filing of the application In respect of the other taxes the particular 4 year period subject to the refund claim depends on when the application is finally presented As an example at the time of writing 13 09 2012 claims can be made in respect of the following taxes Tax on the Increment of Value of Urban Land IIVTNU Transfers made from 13 08 2008 Inheritance and Gift Tax Date of death from 13 03 2008 and donations from 13 08 2008 Income Tax of Individuals applicable to owners of a second home in Jávea Tax returns for the years 2008 2009 2010 and 2011 Tax on Non resident Income applicable to property owners in Jávea Tax returns for the years 2007 2008 2009 2010 and 2011 It is important to note that due to the scarcity of public funds especially in the municipal coffers the processing of such requests may be delayed or rejected In such cases a judicial review can be requested Should you wish us to review your situation in the light of the abovementioned judgement please contact us at the earliest opportunity In order to do so it would be useful to have copies of the IBI Property Rates receipts for the years 2006 2011 inclusive Published in Economy Read more Sunday 16 September 2012 14 18 NEW SPANISH VAT Tomorrow September 1st 2012 the changes in Spanish VAT rates enter into force involving an increase thereof to 21 generally but with some exemptions In this post we provide our clients and friends a list of these in a description which simple to understand Many of you have asked

    Original URL path: http://www.lextax.es/index.php/en/news/itemlist/tag/TAX (2016-04-30)
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  • Displaying items by tag: TAXES
    the banking or credit traffic in which the taxpayer is the titleholder or in which he or she is a representative authorized person or beneficiary or in which he or she has disposal powers Any values assets securities or rights representing capital equity or assets of all types of entities or the transfer to third parties of capital which is hold or deposited or located abroad This includes fiduciary agreements and trusts Life or disability insurance in which the taxpayer is the policyholder Also annuities or temporary rents in which the taxpayer is a beneficiary contracted with entities established abroad Real estate and property rights of the holder located abroad The reporting requirement will be required also for those who are considered to be beneficial owners in accordance with the provisions of Article 4 2 of Law 10 2010 for the prevention of money laundering and terrorist financing that is for The natural person on whose behalf it is intended to establish a business relationship or intervene in any transaction The natural person who ultimately owns or controls directly or indirectly a percentage higher than 25 of the capital or voting rights of a legal person or by other means exercising control direct or indirect of the management of a legal person An exception is a company listed on a regulated market in the European Union or third country s equivalent The person or persons who hold or exercise control of 25 or more of the property of a legal instrument or the person who administers or distributes funds or when beneficiaries are yet to be determined the class of persons in benefit of which is set up or operates There will be no reporting obligation for those assets or rights whose value is lower than 50 000 euros considered in the aggregate for each group of assets listed above In the following year the information returns should be filed only if there are new assets or rights the values of assets or rights already reported have increased in certain cases in which ownership in those assets or rights is relinquished Penalties It regulates a system of penalties for cases in which these information models i are not submitted on time ii are submitted with incomplete inaccurate or false information or iii are presented by means other than electronic computer or telematic when those means are required These are considered very serious offenses Penalties in these cases are fixed generally in an amount of 5 000 euros per item or set of data on the same asset if the declaration has not been submitted or has been presented but includes inaccurate or false data with a minimum of 10 000 euros The amount of data or data set is reduced to 100 euros with a minimum of 1 500 euros if the information model is filed late without prior notification or when it is presented by means other than electronic computer and communication when it is compulsory to use these

    Original URL path: http://www.lextax.es/index.php/en/news/itemlist/tag/TAXES (2016-04-30)
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  • Displaying items by tag: TAX RETURN
    Man pose a significant advance in the tools of prevention of tax fraud and will have a significant impact in the fight against international tax evasion once they take effect Through such agreements made under the model agreed with the OECD territories undertake to obtain and provide all information that is relevant to the determination assessment and collection of taxes the recovery and enforcement of tax claims or the investigation or prosecution of tax matters It will not be possible to oppose secrecy As arrangements become effective and the exchange of information is effective these territories will cease to qualify as a tax haven for Spanish Tax Administration In the case of Spain any state tax will be within the scope of the Agreement among other taxes on income of individuals and non resident individuals partnerships estates inheritances and donations capital transfers and documented legal acts value added and excise taxes and local income and wealth New standard for information exchange Spain is very active internationally advocating the principles of transparency and exchange of information Today Spain is leading along with Germany France Italy and the United Kingdom the development of a new international standard for automatic multilateral exchange of information based on the FATCA Agreement signed with the United States Moreover Spain has completed in recent years many international conventions and agreements to ensure the exchange of information Qatar Austria UK India Uzbekistan Cyprus Argentina USA Monaco and Macao Published in Lawyers Read more Tuesday 18 September 2012 12 47 IBI JAVEA We have created a specific email address to contact us to the issue of the return of IBI in Jávea This email address is being protected from spambots You need JavaScript enabled to view it Published in Tax Read more Search Tags AEAT ASSETS BRITISH CHARITY CITIZENS

    Original URL path: http://www.lextax.es/index.php/en/news/itemlist/tag/TAX%20RETURN (2016-04-30)
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  • Displaying items by tag: TAX FRAUD
    once they take effect Through such agreements made under the model agreed with the OECD territories undertake to obtain and provide all information that is relevant to the determination assessment and collection of taxes the recovery and enforcement of tax claims or the investigation or prosecution of tax matters It will not be possible to oppose secrecy As arrangements become effective and the exchange of information is effective these territories will cease to qualify as a tax haven for Spanish Tax Administration In the case of Spain any state tax will be within the scope of the Agreement among other taxes on income of individuals and non resident individuals partnerships estates inheritances and donations capital transfers and documented legal acts value added and excise taxes and local income and wealth New standard for information exchange Spain is very active internationally advocating the principles of transparency and exchange of information Today Spain is leading along with Germany France Italy and the United Kingdom the development of a new international standard for automatic multilateral exchange of information based on the FATCA Agreement signed with the United States Moreover Spain has completed in recent years many international conventions and agreements to ensure the

    Original URL path: http://www.lextax.es/index.php/en/news/itemlist/tag/TAX%20FRAUD (2016-04-30)
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  • Displaying items by tag: EVASION
    and enforcement of tax claims or the investigation or prosecution of tax matters It will not be possible to oppose secrecy As arrangements become effective and the exchange of information is effective these territories will cease to qualify as a tax haven for Spanish Tax Administration In the case of Spain any state tax will be within the scope of the Agreement among other taxes on income of individuals and non resident individuals partnerships estates inheritances and donations capital transfers and documented legal acts value added and excise taxes and local income and wealth New standard for information exchange Spain is very active internationally advocating the principles of transparency and exchange of information Today Spain is leading along with Germany France Italy and the United Kingdom the development of a new international standard for automatic multilateral exchange of information based on the FATCA Agreement signed with the United States Moreover Spain has completed in recent years many international conventions and agreements to ensure the exchange of information Qatar Austria UK India Uzbekistan Cyprus Argentina USA Monaco and Macao Published in Lawyers Read more Tuesday 14 October 2014 19 44 New plan against international tax fraud and tax evasion launched by the European Commission It will tackle among others interests and dividends not taxed in the country of tax residence Through IT and other means the EU allows for co operation and exchange of information among its member countries Both collecting taxes and combating tax fraud and tax evasion are the responsibility of EU countries national authorities However much of the fraud happens across borders and a single country acting on its own will not achieve a lot The EU has long provided tools to help member countries fight fraud more effectively It now has an Action Plan to move up

    Original URL path: http://www.lextax.es/index.php/en/news/itemlist/tag/EVASION (2016-04-30)
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  • Displaying items by tag: UK
    conventions and agreements to ensure the exchange of information Qatar Austria UK India Uzbekistan Cyprus Argentina USA Monaco and Macao Published in Lawyers Read more Tuesday 14 October 2014 19 41 NEW TAX TREATY BETWEEN UK AND SPAIN The new tax treaty between the United Kingdom and Spain has just been signed It has not yet entered into force but it is expected this will take place during 2013 We will inform you very soon about the changes occurring among them clarifications on taxation on trusts and the reduction in the withholding rate on interests and dividends Published in Lawyers Read more Friday 21 September 2012 10 46 What to do if your UK passport is lost or stolen LexTax being included in the list of English speaking lawyers prepared by the British Consulate of Alicante is helping to promote this short video to assist British nationals with issues around lost or stolen passports Below you will find some useful information about what to do in such cases However to avoid the inconveniences that a lost or stolen passport may cause we recommend foreign nationals living in Spain to make a notarized copy of their passport or identity card A notarized copy has exactly the same identification effect in the Spanish territory that the original In this way you can bring the copy with you and leave your identification documents safely at home Please note that this copy is not valid outside the Spanish territory and therefore cannot be used to travel abroad If your pasport is lost of stolen you should Report the theft or loss to the local police so you can get a police report You will need the report for insurance purposes and to obtain a replacement travel document Contact the nearest British Embassy High Commision or Consulate Complete an Lost or Stolen LS01 Notification form in order for your passport to be cancelled Identity theft is a growing crime To protect your identity please bring or send this form to the Consulate of Alicante as soon as possible You do not need to wait until you apply for a new passport It is vital you report a lost or stolen passport as soon as possible even if you don t want to replace your passport immediately The loss or theft of your passport will be recorded and forwarded to the Identity and Passport Service IPS IPS will then cancel your passport to reduce the risk of someone else using your passport or your identity Help travelling back to the UK or other destination If you need to travel urgently you may be eligible for emergency travel documentation please visit this link Replace a lost or stolen passport You can apply for a replacement passport at the same time as reporting your British passport lost or stolen Form more information click on this link What to do about a damaged passport You do not need to report a damaged passport but if your passport is damaged

    Original URL path: http://www.lextax.es/index.php/en/news/itemlist/tag/UK (2016-04-30)
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