Javier Vinuesa on the solidarity tax on large fortunes | Economist&Jurist

Our tax partner, Javier Vinuesa, writes in this Economist & Jurist article that the Constitutional Court’s decision on the new solidarity tax for the wealthy will set a precedent, as it is the first time in the history of Spanish tax law that a tax is created that comes into force in the same year in which it is approved.

Javier points out: “This necessarily generates problems of retroactivity and legal certainty. We have examples of non-resident taxpayers who decided to move their tax residence to Spain, specifically to the Community of Madrid, at the beginning of 2022 and who were taken by surprise by this tax, announced when they had already fulfilled the requirements to be tax residents in Spain”.

 

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