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A tax reform expert in Montero throws the government tax on the rich


The controversial tax on the rich would not only be born under threat of falling into court for its alleged unconstitutionality, but under suspicion Failure to achieve the goals that justify approval. This was warned by one of the experts who participated in the commission set up by the Minister of Finance, María Jesús Montero, to prepare the white paper for the reform of the tax system, María Teresa Soler, at a conference organized by the women’s tax expert. by the Institute for Studies in Finance (IEF), a think tank of the Ministry of Finance.

Soler, professor at the University of Alicante and speaker on the asset tax part of the expert proposal, emphasized to a forum made up mainly of tax advisors and lawyers that the design of the tax, which essentially triggers the regulatory provisions of the wealth tax, inherits the same design problems as this form, and that is why same reason, “It will end up being paid out of the upper middle income.”but by no means because of the country’s greatest fortunes, as seemed to be the aim of the government’s maneuver, encouraged by “United We Can”.

The former spokesman for the Committee of Experts of the Ministry of Finance explained graphically that the main assets of the country “They won’t mess with that tax.” He explicitly supported one of the interventions made in the forum that warned of the fact that the real great fortunes of the country keep most of their wealth in stakes and shares of their business groups, which are considered exempt in the current regulation of tax wealth and have the same equivalent in the solidarity tax.

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Artistic fragility

The channel through which the government decided to implement its long-promised solidarity tax on large fortunes has not angered the taxpayers who were directly affected by the maneuver or the independent communities which from day to day have seen their tax powers invaded by the government. Ministry of Finance, there seems to be too East opened with professionals who selflessly volunteered in their day to collaborate with the executive branch to contribute their knowledge in defining a new, fairer, equitable, and reasonable tax framework.

María Teresa Soler presented a sovereign review of the government’s “tax on the rich”, of which she criticized a lot Questionable legal technique As a measure chosen to give them the canal.

“With all the alternatives we gave them (referring to the Ministry of Finance) in the report and they had to do it this way, through the back door,” complained one of the most active design experts. For the proposal to tax wealth in the white paper.

The professor at the University of Alicante particularly laments that the path chosen to integrate this figure into the legal system threatens what she considers a necessity: Re-imposition of taxes on large estates in Spain and ensuring its equitable application throughout the national territory.

He explained, “We spend a lot of time debating the best way to do this with the aim of not only ensuring full regional equity but ensuring that the tax is applied”, defending his theory about the need for an estate tax that is applied across the territory. And do not support situations like those that occurred in recent years with Madrid.

Possible unconstitutionality

Soler, a professor of tax law, was particularly acid with the only measure chosen by the government to integrate the new tax into the legal system, by amending the bill that creates two other taxes, the bank and the corporate energy tax, evading mandatory reporting to constitutional bodies.

The democratic principle has become a Simple problem of arithmetic addition. And since we have parliamentary support to move forward, we do,” the expert from the Montero Commission criticized regarding the legal oddity of imposing a tax by amending a bill. “The legal technique is very bad. I think the idea was how we were going to tax the rich, and then put it together with Tax on banks and energy companies, ”he stressed.

More suspicions were born The debate about constitutionality or unconstitutionality from fig. Soler indicated, in connection with some of the arguments raised in the public debate to assert the unconstitutionality of the tax, and specifically the illegality of actually applying it to 2022 income, that in a 1997 ruling the Constitutional Court upheld the possibility of approving a rule that could change the tax treatment of a given income as long as it was It is justified and done on the basis of the public interest.

For Rey Juan Carlos University professor Mercedes Ruiz Garrijo, how small the collection’s importance to the tax on total state income would make it difficult to attack the tax given its impact on taxpayers. Oddly enough, it wasn’t shared by a directive from the Institute for Fiscal Studies, a Ministry of Finance body, which backtracked on a figure that would double the current pool acquired by Patrimony, this argument could most likely be used.

Lestlaw’s attorney general, Roscio Lorenzo, warned that the tax would be an obstacle to investing and attracting capital.

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