Andalusia will appeal tomorrow the solidarity tax approved by the Government, which taxes fortunes of more than three million euros, and which has been better known as "tax on the rich", as announced this Sunday by the president of the Board, Juanma Moreno . The cause of the appeal will be the invasion of powers, considering that the wealth tax has already been ceded to the autonomous communities, and with the creation of the solidarity tax, the tax jurisdiction of the autonomous community is restricted.
"We will not allow him to continue trampling on our autonomy statute," said Juanma Moreno, during an act of presentation of candidates in Seville. The Andalusian president is convinced that the tax "for the rich" was created by the Government precisely because of the Andalusian government's decision to abolish the Wealth Tax, since it was launched as soon as the Andalusian president announced his decision to end that imposed, to be able to compete with Portugal, where Andalusian resources were diverted, and to be able to compete in attracting resources.
With this decision, the Andalusian president joins the president of the Community of Madrid, Isabel Díaz Ayuso, who last week appealed the same tax, and with the same arguments, which invade the powers of the autonomous communities, which have transferred the estate tax.
The Community of Madrid appealed this tax at the beginning of February, considering that the Government to the rich of the central Government has skipped the legal system with the approval of the tax. There are six aspects that the Madrid government highlights in this regard, starting with the invasion of regional powers and the rupture of financial autonomy.
The appeal of the Community of Madrid also points out that the tax on the rich breaks the principle of equality, since it considers that the tax is only directed against the communities of the PP that subsidize 100% of the Tax on wealth; for the procedure, for introducing this tax through an amendment in the bill of the extraordinary tax on banks; and because it harms the legal certainty of taxpayers. The last argument is that the tax is not justified, because state tax collection is breaking all records, and exceeds 40,000 million euros over forecast, in 2022.
Predictably they will not be the only autonomous communities that resort to the new state tax. Murcia and Galicia, which have discounts on the Wealth Tax, are studying the presentation of two appeals, considering that the tax on the rich invades their powers, and Castilla y León is awaiting legal reports to take an initiative or not .
In addition, the PP, as a political party, through the Popular Group in Congress, does not rule out also presenting an appeal for unconstitutionality, both for what affects the invasion of powers, as they coincide with the autonomies that goes against the fiscal autonomy, and also because of the way in which the tax has been created, through an amendment to the project that created the tax on the extraordinary profits of banks and electricity companies.
