• Taxation The express capital gains tax will come into effect on Wednesday after two weeks of legal vacuum

  • Economy Finance will give two options in the capital gains tax and the taxpayer will be able to choose the most favorable

The Council of Ministers approved this Monday the new capital gains tax, which will be published tomorrow in the Official State Gazette (BOE) and will be fully in force on Wednesday. The figure on the increase in the value of urban land is born after 15 days of legal vacuum, which are the ones that will have passed since the Constitutional Court overturned the tax as it was conceived until now and the moment in which it will be born .

It will not have retroactive effects

, so that operations closed in that period of time will not have to pay this tax.

The Treasury had already advanced it and today, the Government Spokesperson,

Isabel Rodríguez, has confirmed it

, since the person in charge of the competent Ministry, María Jesús Montero, has not appeared at the press conference after the Council of Ministers.

The also Minister of Territorial Policy has also pointed out that citizens who have to pay the tax

will be able to choose between two options for its calculation, and take advantage of the one that most favors them

.

"The tax base will be the result of multiplying the cadastral value by new coefficients that will take into account the real estate reality or will be determined by the difference between the sale price and the acquisition price," they explain from the Treasury.

And to all this must be added that the new measure is already born with an alarming danger of claims given the dubious way to change the tax. The Government has resorted to a decree-law to respond urgently to the ruling of the Constitutional Court, but experts

are suspicious that this legal figure is the appropriate one to modify the tax

and warn that it could give rise to a new appeal of unconstitutionality.

"

The new capital gain cannot be approved by decree-law, it is born badly

", assures Patricia Suárez, president of the Association of Financial Users (Asufin). According to his explanation, the jurisprudence of the Constitutional Court itself establishes that taxes cannot be approved by decree-law and what the Government is regulating is the essence of the tax, the part that corresponds to its calculation. "

We could attend the presentation of an appeal of unconstitutionality,

" adds Suárez.

The association also denounces the lack of retroactivity established by the TC in claims of capital gains paid in the last four years.

"

It is inadmissible that the taxpayer be robbed of his legitimate right to present a rectifying self-assessment

, the famous complementary, to correct errors," says Suárez.

So from Asufin they assure that they will continue claiming the capital gains paid for four years because "it is a right that assists the taxpayer and the tax regulations allow it."

According to the criteria of The Trust Project

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