The Minister of Finance, María Jesús Montero, has suffered a defeat in the Supreme Court that places her at serious risk of having to transfer up to 4,150 million euros to the autonomous communities with which she did not have.

According to the ruling to which this newspaper has had access, the High Court has decided "to condemn the State Administration" to pay what it owes to the Junta de Castilla y León for the controversial monthly VAT that Montero refused to pay.

It all starts with a specific change in the collection system introduced by the previous minister, Cristóbal Montoro, in 2017 that generated that in the final settlement of the tax to the autonomous communities two years later it had to include, according to the communities, the usual twelve monthly payments and not just eleven.

However, Montero, when he was in office, did not recognize the twelfth monthly payment and with the Government formed in 2020, he claimed that it was too late and he could no longer legally do so.

Several autonomous communities appealed and the first one that has reached the Supreme Court has won, so there may be a chain reaction that the Castilian-Leon Board estimates in a statement that may amount to up to 4,150 million for the State coffers in claims.

The Supreme Court sees clear "the

violation of the right to financial autonomy of the Autonomous Community

, because, as it rightly affirms in its claim, the dysfunction derived from the fact that payments on account are paid in twelve monthly installments is notorious. On the other hand, in the final settlement, only the VAT collection corresponding to eleven monthly payments would be attended, resulting in an anomalous result ". And ruling that "the principle of institutional loyalty in the performance of public administrations (article 3.1.e / of Law 40/2015, of October 1, on the Legal Regime of the Public Sector) put in relation to article 103.1 of the Constitution would have required that on the part of di

The Administration gave the claim for compensation a very different response to the

presumed

dismissal

that is the object of this process. "

In what does not give the reason to the Board that govern PP and Citizens is to accept the figure they claim for their region, 182 million, and leaves it open to what is determined mathematically.

"The compensation whose amount will have to be set in execution of judgment and whose amount will be given by the difference between the result of the liquidation practiced in its day by the State Administration and the one that would have resulted from computing in said liquidation the VAT collection twelve monthly payments, that is, including the one corresponding to the month of November 2017 ".

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