Tax procedure
TS· 05.05.2026

Home entry under article 113 of the LGT: the judicial order must individually motivate digital access

The Spanish Supreme Court confirms that the judicial authorisation of home entry under article 113 of the LGT must specifically motivate access to digital repositories —emails, servers, cloud— that affect other rights of …

Home entry
Foreign private foundation
TEAC· 02.05.2026

Law 49/2002 regime and non-resident foundations: prior election and formal notification, no shortcuts

The TEAC confirms that the special tax regime of Law 49/2002 is elective: non-resident foundations must exercise prior election and formal notification before the chargeable event. Retroactive application is not …

Foreign foundation
Crypto-assets
TJUE· 28.04.2026

Video-game virtual currency and VAT: the CJEU confines the Hedqvist doctrine and returns the transaction to the general regime

The CJEU clarifies that virtual currency confined to the internal use of a video game is not a non-traditional currency for the purposes of article 135(1)(e) of the VAT Directive and is subject to the tax under the …

Crypto-assets
International taxation
TS· 25.04.2026

VELCRO: the beneficial owner operates cross-cuttingly over Directive and treaty

The Spanish Supreme Court applies the general TRLIRNR withholding where the receiving company channels the royalties to a third party: neither the Directive 2003/49/EC exemption nor the reduced bilateral-treaty rate.

Beneficial owner
Beckham regime
TS· 22.04.2026

Beckham regime: the prior five-year period is measured in tax residence, not in physical presence

The Spanish Supreme Court confirms the restrictive interpretation of article 93.1.a) of the LIRPF: the contributor must have been a non-resident for tax purposes —not merely physically absent— during the five tax periods …

Beckham Law
Wealth & Succession
TSJ· 16.04.2026

Family business: negative income from other economic activities does not enter the denominator of the 50%

The High Court of Justice of Catalonia confirms that losses from other economic activities do not enter the denominator of the 50% management-functions calculation in the family-business exemption. The rejection of the …

Family business
Tax residence
TS· 09.04.2026

Criminal Chamber of the Spanish Supreme Court and the tax-residence certificate: a presumption that yields to compelling evidence

The Criminal Chamber of the Spanish Supreme Court confirms that the foreign tax-residence certificate is relevant evidence but does not exhaust the evidential question in criminal proceedings: it yields where there is …

Tax-residence conflict
VAT
TS· 30.03.2026

Penalties of article 171.One.4 of the VAT Act for reverse charge: the proportionality doctrine is alive

The Spanish Supreme Court confirms that the court may directly annul the penalty of article 171.One.4 of the VAT Act for disproportionality in reverse charge cases, without need to refer the matter to the Constitutional …

VAT · penalties
Tax procedure
TEAC· 25.03.2026

Notification at the tax domicile despite the designation of a representative: the TEAC consolidates the rule of purpose achieved

The TEAC confirms that the notification made at the contributor's tax domicile, despite the designation of a representative with a domicile for notifications, is valid if it reaches the effective knowledge of the …

Tax notifications
VAT
TS· 11.03.2026

Mixed holding and intragroup transfer of participations: differentiated sector under VAT, save autonomous economic unit

The Spanish Supreme Court confirms that intragroup transfers of participations by a mixed holding company are part of the financial differentiated sector for VAT purposes, save where they entail the transfer of an …

VAT · differentiated sector
Tax procedure
TS· 11.03.2026

Tax self-assessment: rectification under article 120.3 of the LGT as the ordinary review channel

The Spanish Supreme Court confirms that a tax self-assessment is not an administrative act. The ordinary review channel where it is considered contrary to law is the rectification of article 120.3 of the LGT, exercised …

Review of tax acts
Beckham regime
DGT· 02.03.2026

International remote work from Spain: the Beckham regime opens, but the risk zone is the employer

The DGT confirms that remote work from Spain, through exclusive telematic means, is sufficient to trigger the Beckham regime without a Spanish contract or a Law 14/2013 visa. The risk zone shifts to the foreign employer.

Beckham Law
Wealth & Succession
DGT· 27.01.2026

Restructuring into a holding: the prior remuneration of the subsidiaries does not cloud the 50% of the family business

The DGT confirms that the contribution of subsidiaries to a holding does not break the family-business exemption: the prior remuneration from the transferred subsidiaries is not integrated into the 50% calculation at the …

Family business
Wealth & Succession
DGT· 27.01.2026

Total division to prepare generational handover: valid economic reason under the FEAC regime

The DGT confirms that a total division aimed at preparing succession and facilitating generational handover is a valid economic reason under article 89.2 of the LIS and accesses the FEAC regime.