Supreme decides that Hacienda returns Amancio Ortega 215,000 euros of societies tax

The Supreme Court has decided that the State Agency for Tax Administration (AEAT) returns the founder of Inditex, Amancio Ortega, a total of 214,842.82 euros fo

Supreme decides that Hacienda returns Amancio Ortega 215,000 euros of societies tax

The Supreme Court has decided that the State Agency for Tax Administration (AEAT) returns the founder of Inditex, Amancio Ortega, a total of 214,842.82 euros for the settlement of corporate tax corresponding to the 2014 firm of Horse Rolls, Absorbed by Pontegadea Spain.

Specifically, the High Court has estimated the appeal presented by the owner of the Room Homes Room, located in Arteixo (La Coruña), against a resolution of the Contentious-Administrative Hall of the Superior Court of Justice of Galicia.

According to the Supreme, the "controversy" about the deductibility of tax delay interest focuses on the regularization practiced by the tax inspection as a result of the Subscribed Act on June 21, 2016, in which the rating is not allowed as Deductible item that the recurring entity had attributed to delay interest liquidated in an inspection carried out in 2014, and that it had been formalized on November 17, 2014 by subscribing to an agreement with agreement.

Specifically, and as a consequence of this regularization practiced in 2014, interests were proved for an amount of 214,842.82 euros that the Company considered as a deductible item in the 2014 Companies Tax.

The extended act on June 21, 2016 regularizes that consideration of the interests of delay as a deductible item, not allowing its deduction, a criterion that is confirmed by the settlement agreement of October 31, 2016, of which it is a debt to enter from 67,679.90 euros, corresponding 64,452.85 euros to tax quota and 3,227.05 euros at delay interest.

Despite this, now the Supreme points out in its sentence that for the purposes of corporate tax, the interests of delay, are those that are required in the liquidation practiced in a verification procedure or be accrued by the suspension of the execution of the act Administrative contested, "they have the consideration of fiscally deductible spending, attended their legal nature, with the scope and limits that have been exposed".

Updated Date: 08 November 2021, 12:36

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