Disputed Chamber of the Supreme Court He created a doctrine on tax sanctions imposed by the Treasury. for violation of the obligation to formalize the informative declaration of property and rights abroad, known as 720 modelIn accordance with the principles determined by the Court of Justice of the European Union, according to the criteria that the Tax Office has followed so far, in a sentence that it quickly put forward, Big scammers like Pujolwhat they understood meant the cancellation of the sanctions they had to face.
In two sentences, both from the Extremadura Supreme Court of Justice, one in the last 4 days and the other two days later, the Supreme Court sets the criteria it will follow in the half-dozen appeals that are still pending, and all Spaniards say the courts , Y It cancels the fine imposed on two persons sanctioned by the tax office for failing to notify on the 720 form within due time.on securities, assets, securities, rights, insurance and income invested, managed or derived abroad.
Two cases so far decided by the high court concerned assets and rights in Switzerland. It cancels the fines imposed by the Treasury in the implementation of the decision of the European Court of Justice dated 27 January 2022 stating that the Spanish General Tax Code violates the obligations of Spain and harms the free movement of capital. i think so sanctions provided are disproportionate to those provided in a purely national context..
binding character
Two sentences explain this: The binding nature of European Union Law obliges Spanish judges and courts not to apply national sanctions regulations. aforementioned. As the right not to apply the sanction rule of Spanish law contrary to European Union Law and to cancel the sanctions stipulated by this Spanish legislation, It arises not from the CJEU decision, but from the provisions of Community law.Revocation of sanctions has retroactive effects.
This means that the sanctions prior to the declaration of European justice are also cancelled. Supreme court doctrine affects taxpayers. ex-minister tax amnesty Cristóbal Montoro corrected their situation by integrating the value of assets held abroad as capital gains in the last fiscal year, which is not normally anticipated. on your personal income tax.
After learning of Europe’s decision last January, Finance Minister María Jesús Montero announced that the model would be corrected and that the maximum 230 million € This amount, according to Will have to return the treasure Taxpayers who fill out this form annually.