News published in INFORMA 2017

News published in INFORMA in December

In order to determine the temporary attribution of payments made by FOGASA for unpaid wages by the employer, two cases shall be differentiated according to whether or not there is a dispute over the right to receive this remuneration.

The repayment of Banco Popular's bonds yields a negative return on its movable capital assets. The delivery of loyalty bonds to bondholders yields a return on movable capital assets at their normal market value, subject to payment on account to be borne by the transferee and included in the savings tax base, enabling the previous negative return to be compensated for.

The repayment of Banco Popular's bonds yields a negative return on movable capital assets and will be calculated on the difference between the transfer value (zero) and the securities purchase value, to be included in the savings tax base.

The repayment of Banco Popular's shares yields a loss of assets caused by the transfer. The delivery of loyalty bonds to shareholders yields a market value for the new bonds to be included in the savings tax base, enabling compensation for the previous asset loss.

The repayment of Banco Popular's shares yields a loss of assets caused by the transfer, whose amount is the difference between the transfer value (zero) and the purchase value paid by the transferee, to be included in the savings tax base.