The Treasury will approve a royal decree on Monday to adapt the capital gains tax to the Constitutional ruling


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The Ministry of Finance and Public Function It is already working on the legal modification that it must undertake on the municipal capital gain to save the accounts of the municipalities after the ruling of the Constitutional Court. The department headed by María Jesús Montero confirms to ABC that they are finalizing a tax reform that is expected to go through the Council of Ministers on Monday.

The Constitutional Court confirmed a few days ago the veto on the system for calculating the tax base of the tribute in a ruling dated October 26. Various aspects of the Local Finance Law were declared unconstitutional. «The method of valuing the tax base according to modules or objective criteria is not necessarily unconstitutional as long as a series of conditions are met that are not respected in the articles analyzed, because the regulation carried out by those articles lead to a result that it is significantly different from the real values ​​of real estate in the real estate market. For this reason, it considers that they are unconstitutional and void, “said the sentence.

In this sense, the ruling regarding this tax “supposes its expulsion from the legal system, leaving a regulatory void on the determination of the taxable base that prevents the settlement, verification, collection and review of this local tax and, therefore, its enforceability ». The tax comes to an end with this ruling and now the ball is in the field of the Treasury, which must act now.

The intention of the ministry is that this Monday in the Council of Ministers the new method of calculating the tax will be approved by decree, since the conclave in La Moncloa is brought forward one day since Tuesday is a public holiday in Madrid. There are barely three days left for the legal change to come to light.

This modification It has been claimed since October 26 by the municipalities given the blow to their accounts that supposes the cancellation of this tax. The municipal capital gain adds up to an annual collection of 2,500 million euros for the councils, thus leaving this tax without effect greatly impacts the budgets of the municipalities; especially in those in which it has more weight. In nominal terms, Madrid and Barcelona are the two cities where the most income from this tax, as well as in terms of income per inhabitant.

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