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Dolores Utrilla
16th July 2021
Banking & Finance Internal Market Justice & Litigation Tax

AG Saugmandsgaard Øe: Spanish tax rules on the obligation to report on assets abroad are partially disproportionate

Advocate General (AG) Saugmandsgaard Øe has delivered his Opinion in Commission v Spain (Obligation d’information en matière fiscale) (C-788/19), advising that the Court of Justice rule that Spain failed to fulfil its obligations under the free movement of capital (Articles 63 TFEU and 40 EEA) on account of its regime regarding the provision of information on overseas assets by tax residents in Spain.

The case stems from an action for failure to fulfil obligations lodged by the European Commission in respect of Spanish tax legislation introduced in 2012 in order to combat tax evasion and avoidance in relation to assets located outside Spanish territory. According to these new rules, tax residents in Spain are obliged to declare so


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