Ricos Amancio Ortega leads the recovery of the great Spanish fortunes: they increase their wealth by 17% and accumulate 153,575 million
The
Supreme Court
has decided that the State Tax Administration Agency (AEAT) return to the founder of Inditex, Amancio Ortega, a total of
214,842.82 euros for the liquidation of the tax on companies
corresponding to the year 2014 from his equestrian firm
Grilse
, absorbed by Pontegadea Spain.
Specifically, the high court has upheld the appeal presented by the
company that owns the Casas Novas equestrian center
, located in Arteixo (La Coruña), against a resolution of the Contentious-Administrative Chamber of the Superior Court of Justice of Galicia.
According to the Supreme Court, the "controversy" about the deductibility of tax delay interest centers on the regularization practiced by the tax inspection as a result of the act signed on June 21, 2016, in which the classification as Deductible item that the recurring entity had attributed to
late payment interest settled in an inspection carried out in 2014
, and which had been formalized on November 17, 2014 by signing a minutes with an agreement.
Specifically, and as a consequence of said regularization carried out in 2014, there resulted in default interest
amounting to 214,842.82 euros, which the company considered as a deductible item
in the 2014 corporate tax.
The act issued on June 21, 2016 regularizes that consideration of late payment interest as a deductible item, not allowing its deduction, a criterion that is confirmed by the settlement agreement of October 31, 2016, resulting in a debt to be paid from 67,679.90 euros, 64,452.85 euros corresponding to tax and 3,227.05 euros to late payment interest.
Despite this, now the Supreme Court indicates in its ruling that for the purposes of corporate tax, default interest, be those that are required in the liquidation practiced in a verification procedure or are those accrued by the suspension of the execution of the act administrative contested,
"are considered tax deductible expense, considering their legal nature, with the scope and limits that have been set forth
.
"
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