PÉREZ DE VARGAS ABOGADOS- RECALCULATION OF MUNICIPAL CAPITAL GAINS TAX

The government approves the real decree law 26/2021 that establishes the new rules for the calculation of the taxable base of  “Plusvalía” tax. As indicated by our member Pérez de Vargas Abogados in the note published on its website and social networks, last 26 of October, the Plenary of the Constitutional Court declared the unconstitutionality and nullity of articles 107.1, second paragraph, 107.2 A) and 107.4 of the Refunded Text of the Law of Local Taxes, referring to the municipal “Plusvalía” tax. The Court states that by declaring nullity of the aforementioned precepts, these precepts are expelled from the legal regulations and a normative gap remains with regard to the determination of the taxable base of the “Plusvalía” tax. This circumstance prevents the liquidation, verification, collection and revision of this local tax and, therefore, its exigibility. However, the Constitutional Court (hereinafter TC) highlights that it will not be possible to appeal on the basis of the Sentence against liquidations that have not been challenged and which, therefore, are definitive in administrative proceedings or which, having been challenged, have been the subject of a definitive judicial decision.

In the following link, Pérez de Vargas Abogados reflects the most relevant aspects of the RDley.