Tax advisors recommend paying and then resorting to the rich tax

Pay and “immediately” complain. That’s a recommendation Spanish Association of Tax Advisors (Aedaf) makes taxpayers liable pay this on July 31st temporary joint tax on large fortunes. These experts believe that the proof of this is the new tax approved by the Government for assets of more than three million euros unconstitutionality because of the way it was processed and because of the design, so that if the Constitutional Court finally rules against the tax, those who are paid and appealed will get your money back and late payment interest.

“If the Constitutional Court had ruled, the return would have happened to those who initiated the appeal process and who raised this issue,” said this Thursday from Aedaf, during the presentation of the study on this recognition made by José Manuel Almudí.

“To the back door”

Tax advisors have long criticized the new tax which he was born with a temporary title so that those who have the most contribute more to the public purse during this latest crisis. For Aedaf, recognition It was approved “through the back door”in an “abnormal” way – something that would open the door to its unconstitutionality – and suffers from “technical defects”.

What do advisors mean? Well, because the creation of taxes was done by introducing a supplementing the text of the proposed law that it originally had no references to it, which — according to Aedaf — prevented debate or the inclusion of new amendments, “promoting an unjustified reduction of the possibility of parliamentary debate”.

“He showed up at the scene on the 1stNovember 8 last year, was approved on December 27 and entered into force only a week later, with the first settlement 48 hours later. All this raised the alarm that significant violations of the law were taking place,” said Javier Gómez Taboada, member of Aedaf Studies and Research, during the presentation of the report.

The new tax aims, in addition increase in government revenues, harmonize the controversial wealth tax, cancellation of fact bonuses that some communities — such as Madrid, Andalusia or Galiciawhich they have appealed to the Constitutional Court— apply. The tax ranges between 1.7% and 3.5% for assets between three million and those exceeding ten, with an intermediate rate of 2.1% for the range between five and 10.6 million.

breaking through the collection

And it is precisely at this point that experts highlight another of the “disadvantages” of the tax, which affects communities that subsidize property or have higher rates. Namely, in the draft calculation model, it is stated that the sum of the income tax quota and the property and solidarity tax cannot exceed 60% of the income tax base. “If this percentage is exceeded, the joint tax quota is reduced to 80%,” the Independent Authority for Fiscal Responsibility (AIReF) reminds. Consequently, the super rich will be able to add whatever they would have to pay for the property without the bonus, more easily reaching that 60% that allows them to subtract 80%. Aedaf estimates that this will mean a significant reduction in tax collection, as it would reduce the expected income by more than half: from 1,500 to approx. 700 million.

They also point out that the tax threatens the financial autonomy of the communities, “neutralizing the economic and fiscal policy of certain autonomies in a deliberate state.”