Article by Düsseldorf lawyer Dr. Idelmann on Spanish tax law in the context of real estate transactions in Spain published
The German-Spanish legal journal „Informaciones“ (INF), published by the German-Spanish Lawyers Association, has published an article by Düsseldorf lawyer Dr. Idelmann on Spanish tax law in German in its issue 2022 II.
In Spain, foreign real estate owners and investors such as asset management companies and family offices are often confronted with the fact that tax assessment notices from the Spanish tax authorities (Agencia Tributaria) do not reach their addressees.
These tax assessments by the Agencia Tributaria then become formally final without the taxpayer being aware of them.
Only in the context of enforcement measures, which can affect the taxpayer without warning in both Spain and Germany, does the person concerned learn of the tax assessment notices that have been issued.
The article in the current issue of Informaciones II 2022 describes on the basis of a practical case that in Spain tax assessments that have become final can still be declared null and void subsequently within the framework of an administrative procedure.
The taxpayer concerned must file an application pursuant to Article 217 Ley General Tributaria.
The Spanish Ministry of Finance (Ministerio de Hacienda) in Madrid is responsible for such proceedings.
As the highest tax authority in Spain with the power to issue directives, the Spanish Ministry can declare the tax assessment notices and the enforcement notices of the local tax authorities based on them null and void (declaración de nulidad).
Details are explained in the aforementioned article of the digital edition of Informaciones II 2022 on pages 41 to 46.
This issue of the Informaciones can be downloaded and read on this homepage under „Publications“.