Informative statement of related-party operations and operations and situations related to countries or territories classified as tax havens

Informative statement of related-party operations and operations and situations related to countries or territories classified as tax havens

Recently by means of an order dated November 19, 2020, the Supreme Court (hereinafter, TS) has admitted to processing the appeal RCA / 4757/2020 against the judgment of May 25, 2020 issued by the Contentious Chamber- administrative authority of the National Court, which dismissed the appeal 802/2017.

The question of appeal on which the Supreme Court will have to pronounce is to determine whether, in accordance with the principles of legality and reserve of law -referring both to the creation of new information obligations and to the infractions and sanctions derived from an eventual breach of such formal obligations-, of proportionality and of prohibition of retroactivity in tax matters, Order HFP / 816/2017, of August 28, which approves model 232 for the informative declaration of related-party transactions and operations and situations related to countries or territories classified as tax havens is or is not in accordance with the law.

An estimate ruling would mean that the obligation provided for in the aforementioned Order is contrary to the Law, so that all those taxpayers who are immersed in a sanctioning procedure derived from an incorrect compliance regarding the presentation of said model should take into account that the ruling TS could affect them, provided that said procedures have not ended or are being appealed.

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