08 de Febrero de 2023

The Constitutional annuls the municipal capital gains tax

The Constitutional Court (TC) has annulled the municipal tax on capital gains, which in theory taxes the revaluation of real estate when they are sold but in practice it is always paid, even if they have lost value. The ruling refers to a provincial law of Guipúzcoa, but establishes as a general rule that "in no case may the legislator establish a tax taking into consideration acts or facts that are not exponents of real or potential wealth."

Sources of the high court assure that the sentence does not have an automatic effect, although it establishes a doctrine for the cases in which this tribute is appealed before the courts, reports Ángeles Vázquez. The Organization of Consumers and Users (OCU) celebrates the judgment because taxpayers who have sold an urban property without obtaining a benefit with respect to the original purchase price will have "more facility" to recover what is paid by this tax.

The Constitutional Court (TC) has annulled the municipal tax on capital gains, which in theory taxes the revaluation of real estate when they are sold but in practice it is always paid, even if they have lost value. The ruling refers to a provincial law of Guipúzcoa, but establishes as a general rule that "in no case may the legislator establish a tax taking into consideration acts or facts that are not exponents of real or potential wealth."

Sources of the high court assure that the sentence does not have an automatic effect, although it establishes a doctrine for the cases in which this tribute is appealed before the courts, reports Ángeles Vázquez. The Organization of Consumers and Users (OCU) celebrates the judgment because taxpayers who have sold an urban property without obtaining a benefit with respect to the original purchase price will have "more facility" to recover what is paid by this tax.

The Constitutional Court (TC) has annulled the municipal tax on capital gains, which in theory taxes the revaluation of real estate when they are sold but in practice it is always paid, even if they have lost value. The ruling refers to a provincial law of Guipúzcoa, but establishes as a general rule that "in no case may the legislator establish a tax taking into consideration acts or facts that are not exponents of real or potential wealth."

Sources of the high court assure that the sentence does not have an automatic effect, although it establishes a doctrine for the cases in which this tribute is appealed before the courts, reports Ángeles Vázquez. The Organization of Consumers and Users (OCU) celebrates the judgment because taxpayers who have sold an urban property without obtaining a benefit with respect to the original purchase price will have "more facility" to recover what is paid by this tax.

Source: Elperiodico.com