Restructuring and litigation have been common issues for Spanish tax advisers this year. The Spanish financial sector has been substantially restructured with the Spanish savings banks and related companies all seeking help from tax advisers to streamline ...
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Restructuring and litigation have been common issues for Spanish tax advisers this year. The Spanish financial sector has been substantially restructured with the Spanish savings banks and related companies all seeking help from tax advisers to streamline their operations. Litigation has increased as the tax authorities have significantly increased the number of audits they have carried out.
Advisers have noted divergent trends in the approach of the tax authorities this year. Several practitioners praised the authorities when seeking rulings or clarification of the tax treatment of a specific matter. One adviser commended the authorities for being "pragmatic and relatively open to discussion" in their experience this year. Another noted: "They understand where the problems lie. They are willing to discuss them and work with us and have been flexible and open."
However, this is in stark contrast to the perception of their approach when it comes to audits. Tax advisers commented that the authorities were applying legislation very restrictively, but especially so in relation to transfer pricing. One partner from the big-four said: "There is a mismatch between the objectives of the legislators and the objectives of the tax authorities. There is definitely room for improvement there." The consensus is that the authorities have gone too far in their pursuit of revenue. One partner said that in the last year, "tax auditors are like judges here. They not only enforce the law, they decide what it is too".
Despite difficulties in the financial sector and in dealing with the authorities in audits, advisers are optimistic that improvements are pending. Several firms have been busy this year structuring investments in South America by Spanish companies, Brazil being a popular location. One tax adviser noted the positives of using Spain as a jurisdiction for a holding company. "The Spanish tax regime may not be the best, but it is pretty good for companies making investments abroad," he said.
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