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Recommends that it be processed as a bill, once validated. CMIN Photo: Moncloa | Borja Puig de la Bellacasa Newtribuna NOVEMBER 8, 2021, 18:46 The Technicians of the Ministry of Finance (Gestha) see a risk of unconstitutionality in the new regulation of the Taxable Base of Municipal Capital Gains approved by the Council of Ministers through a Royal Decree Law, when designing one of the essential elements of the tax without a ordinary law. According to the Treasury technicians, after the ruling of the Constitutional Court on the 26th that determined the unconstitutionality of several precepts of the Tax Base of the Tax on the Increase in Value of Urban Land (IIVTNU), the new regulation in a Decree law could violate the principle of legal reservation of article 133 of the Constitution , so they recommend that, once it is validated, it be processed as a bill to eliminate any risk.
Gestha's opinion, with the processing as a bill, the content and wording will be improved and greater stability of the new regulation would be achieved in the future, since it ensures that there will be taxpayers who will appeal the Capital Gains settlements with the new regulations. asking Australia Phone Number the Courts of Justice to raise a new question of unconstitutionality. They urge the City Councils to approve the tax ordinances, since each month of impasse represents a loss of about million in the municipal coffers The Treasury technicians urge the City Councils to approve the Tax Ordinances before the six-month deadline, since each month of impasse represents a loss of about million in the municipal coffers, according to the expected collection for of million.
Budgeted collection of municipal capital gains in 1Source: Technicians from the Ministry of Finance Gestha, with data from the budgets of the City Councils for Capital Gain is the Tax on the Increase in Value of Urban Land Free capital gains transfers On the other hand, Gestha points out that City Councils will not be able to demand Capital Gains on property transfers that occur in the coming weeks until the new tax ordinances are approved. Therefore, the new regulation could never be retroactive, and the City Councils will not only not collect the Capital Gains not liquidated before the ruling of the Constitutional Court on the 26th of last month, but they will not collect it for the new transmissions until they approve their ordinances. prosecutors. The new contradictory regulation Gestha recognizes that the Government has taken up its proposal for the new municipal tax to be levied on speculative capital gains generated in less than a year.
Gestha's opinion, with the processing as a bill, the content and wording will be improved and greater stability of the new regulation would be achieved in the future, since it ensures that there will be taxpayers who will appeal the Capital Gains settlements with the new regulations. asking Australia Phone Number the Courts of Justice to raise a new question of unconstitutionality. They urge the City Councils to approve the tax ordinances, since each month of impasse represents a loss of about million in the municipal coffers The Treasury technicians urge the City Councils to approve the Tax Ordinances before the six-month deadline, since each month of impasse represents a loss of about million in the municipal coffers, according to the expected collection for of million.
Budgeted collection of municipal capital gains in 1Source: Technicians from the Ministry of Finance Gestha, with data from the budgets of the City Councils for Capital Gain is the Tax on the Increase in Value of Urban Land Free capital gains transfers On the other hand, Gestha points out that City Councils will not be able to demand Capital Gains on property transfers that occur in the coming weeks until the new tax ordinances are approved. Therefore, the new regulation could never be retroactive, and the City Councils will not only not collect the Capital Gains not liquidated before the ruling of the Constitutional Court on the 26th of last month, but they will not collect it for the new transmissions until they approve their ordinances. prosecutors. The new contradictory regulation Gestha recognizes that the Government has taken up its proposal for the new municipal tax to be levied on speculative capital gains generated in less than a year.