News published in INFORMA 2017

New features introduced into INFORMA in SEPTEMBER

Indemnities for judicial rulings accrued and included in the gross tax base for the tax period in which they are passed as final, since at that date they are no longer an expected right and the legal assurance of the right to the income is obtained. A sentence is considered final, in accordance with article 207 of Act 1/2000 of 7 January on Legal Procedures, when no further appeals are allowed either because they are not covered by law or because the term legally set for their presentation has expired without either party filing an appeal.

With regard to non-monetary contributions made individually by each co-owner proportional to their share in a joint ownership arrangement, contributions of branches of activity cannot be included under the factual budget set forth in article 87.2 of the Spanish Corporation Tax Act, given that none of the stated transfers would pertain to a group of equity items constituting a branch of activity.

The economic activity of a civil partnership consisting of prepare invoices and paying taxes is not excluded from the commercial sphere and, with effect for the tax periods commencing from 1 January 2016, shall be deemed tax payable for Corporation Tax purposes.

If an entity that meets the requirements included under Heading 7 of Chapter 7 of the Spanish Corporation TAx Act also meets the requirements of the first and second sections of article 48 of the Spanish Corporation Tax Act, it may apply the special tax regime for property leases.