November 2023
Dear friends,
With the end of the year just around the corner comes Newsletter 185, which we begin with the now traditional recommendations for making the last decisions to optimise the tax “bill” for the 2023 financial year, both in terms of Personal Income Tax and Corporate Income Tax.
In addition, we remind you that 1 December is the deadline for companies with more than 50 employees and certain entities and associations to have a whistleblowing channel in their organisations. We also comment on the ruling of the Constitutional Court that upholds the Solidarity Tax on large fortunes, looking out of the corner of our eye at what may happen with the appeal of the Wealth Tax. The Coffee with BNFIX PICH & DFK on Wednesday 22nd dedicated to the latest developments in insolvency and restructuring regulations, various publications and the latest events in which our professionals have participated, or will participate, complete the publication.
María José Moragas · mj.moragas@pich.bnfix.com
Economist. Partner at BNFIX PICH TAX LEGAL AUDIT ADVISORY
Highlights
/ 1 December, mandatory whistleblowing channel for SMEs and organisations
1 December 2023 is the deadline for all public administrations, public law corporations, political parties, associations and foundations that receive or manage public funds, regardless of their size, as well as companies, associations, foundations that do not receive public funds and have more than 50 employees, to have an internal information system and complaints channel.
/ The TC upholds the tax on large fortunes
The Plenary of the Constitutional Court has dismissed the appeal of unconstitutionality filed by the Community of Madrid against the tax on large fortunes, which was created by art. 3 of Law 38/2022, of 27 December. The ruling holds that the tax does not infringe the financial autonomy of the Autonomous Communities and that it does not infringe the principles of legal certainty, economic capacity and non-confiscation.
/ Final stretch to fiscal year 2023
With less than a month and a half left until the end of the year 2023, taxpayers, both individuals and legal entities, still have time to make the last decisions that will help to optimise the tax “bill” for the year, which we discuss below.
Agenda
/ Coffee with BNFIX & DFK:
Economic crises.
Refinancing, restructuring plans and insolvencies
📅 November 22
⌚ 10 am Spain & Germany – 11 am UK
📍 online (link by registration)
The BNFIX virtual coffee with DFK Int, Peters, Schönberger & Partner and Shaw Gibbs will start on 22 November at 10.00 a.m. (Spanish time).
Under the title Economic Crises. Refinancing, restructuring plans and insolvencies, the session aims to raise awareness of the new regulation on companies in crisis and the new opportunities it brings from both the creditor’s and the debtor’s point of view.
/ We took part in the XIX Fòrum Concursal
The restructuring and insolvency experts Xavier Domènech and Josep Maria Bastons took part in the XIX Fòrum Concursal organised by the Col-legi d’Economistes de Catalunya on 7 and 8 November in Barcelona. Josep Maria Bastons participated in the session on Special continuation proceedings, while Domènech took part in the round table on consensual restructuring plans, going concern valuation report.
/ Assessments on the reform of the Bankruptcy Law
Our colleague Xavier Domènech, an expert in restructuring and insolvency, moderated on 13 November the round table discussion ‘Assessments on the reform of the Insolvency Law from the perspective of professionals and businessmen’ organised by the Association of Economists of Catalonia, with the participation of the magistrate Yolanda Ríos, the economist Josep Pujolràs and the lawyer Cristian Valcárcel.
Catalonia, with the participation of the magistrate Yolanda Ríos, the economist Josep Pujolràs and the lawyer Cristian Valcárcel, as well as the businessmen Jaume Guardiola and Antoni Cañete.
/ We will participate in the XXVIII Trobada d’Economia in S’Agaró
Our partner and President of the General Council of Economists, Valentí Pich Rosell, will participate in the XXVIII Trobada d’Economia de S’Agaró, organised by the Olof Palme International Foundation on 24 and 25 November in this town on the Costa Brava.
Pich will be one of the speakers at Round Table 3 ‘Access to housing. recurrent discussion’ together with the President of the Urban Chamber of Barcelona, Joan Ràfols, and the Professor of Economics at the UPF, José García Montalbo, a debate moderated by the Professor of Financial Law at the UPF, Montserrat Ballarín.
More information info@fiop.net
Press
/ Adding and adding to our tax system
Opinion piece by our partner Valentín Pich Rosell, in his capacity as president of the General Council of Economists, in La Vanguardia on 8 November.
He discusses the recent ruling by the TC on the temporary solidarity tax on large fortunes. A tax which, he says, “was born in an unorthodox way” and which, apart from technical defects, includes precepts that discriminate against non-residents with respect to residents, which could reach the European Court of Human Rights. So, not all is said and done, but what now?
/ Report on the labour market and collective bargaining
Foment del Treball recently presented the Foment’s Labour Market and Collective Bargaining Report, which shows a slowdown in employment contracts.
Also presented was the special monograph analysing the impact of the Labour Reform on hiring, almost two years after its entry into force. The data collected confirms that the reform has not limited the temporary nature of most economic activities, but has merely hidden it from the statistics. For Jordi Altafaja Diví, partner in charge of the Labour Department at BNFIX PICH, the report is “interesting to read in order to reach conclusions about the current situation of the economy and the effectiveness, or not, of the 2022 labour reform in the labour market”.
The report HERE
