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Orbitax Tax News & Alerts

Spain's Tax news & updates from Orbitax and partners

Spain Tax News

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Treaty between Denmark and Spain terminated

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Comments on draft contents of 2008 update to Model Tax Convention published

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ECJ: Non-deductibility of foreign PE losses in Germany compatible with EC freedom of establishment

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ECJ: Advocate General finds Belgian rules on inclusion of dividends in taxable base followed by 95% deduction insofar as parent company makes profits incompatible with Parent-Subsidiary Directive – details

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European Commission takes steps against Bulgaria, Portugal, Romania and Spain concerning taxation of dividends

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ECJ: Decision by reasoned order in UK CFC and foreign dividend test case

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European Commission closes infringement procedure against Luxembourg concerning taxation of dividends

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ECJ: Netherlands refund regime for investment funds incompatible with EC free movement of capital

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Draft of 2008 Model Tax Convention – Proposed changes to Commentary to Art. 12 (definition of royalties)

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

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

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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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Bill to terminate treaty with Spain adopted by Danish parliament

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

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

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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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Treaty between Chile and Spain – Chilean clarification on PE concept

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

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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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OECD released discussion draft on transactional profit methods

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

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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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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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Corporate income tax

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Treaty between Qatar and Spain – negotiations

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