The new tax on the rich accumulates four reasons for unconstitutionality that threaten to knock it down

The Temporary Solidarity Tax on Great Fortunes, that is, the so-called tax on the rich, accumulates up to

that could overthrow the new figure.

The Institute of Economic Studies, a

of the CEOE, has commissioned an extensive report from a group of professors in Law and Finance, and in that document both formal and substantive reasons are found.

In the first place, the report denounces that the new tax has been processed "

".

"Specifically, the Law Proposal that included the creation of the so-called temporary energy levies and credit institutions and financial credit establishments," he explains.

This "absolutely limits parliamentary debate," he adds.

"The second reason for unconstitutionality, in terms of form, is constituted by the objective of

without modifying, as would have been appropriate, the block of constitutionality of the financing of the Autonomous Communities, which supposes, in fact, a violation of the organic law reserve contained in article 157.3 of the Constitution.", the document continues.

This point has also been denounced repeatedly by the Community of Madrid and also by Andalusia, since they consider that there is a violation of the tax autonomy of the communities.

And the Government itself, in the Official State Gazette (BOE) acknowledges that one of the objectives of the new tax is to harmonize.

The authors also consider that there is a "

" in the fact that the tax was approved in December, "with the addition that the text of the amendment was not known until November 11, 2022".

"The entry into force of the tax for the year 2022, when the amendment entered the Congress of Deputies in November of that year, constitutes a medium or improper retroactivity, contrary to the doctrine of the Constitutional Court on the principle of legal certainty," he adds.

And finally, the report concludes that the tax is "

in non-productive assets, in view of the principles of economic capacity, as a parameter or measure of taxation, and the prohibition of confiscatory if the total tax burden is disproportionate".

"The maximum rate of this tax,

since in the current context many of these assets do not have returns that reach that percentage, so this rate could completely exhaust the return and force the sale of the asset to pay the quota. It is a potentially confiscatory tax and does not attend to the real economic capacity", the experts add on this point.

According to the criteria of The Trust Project

Know more