Ayuso will appeal the Government's solidarity tax to the Constitutional Court

The president of Madrid, Isabel Díaz Ayuso, does not need to wait for the Government to officially draw up the tax on large fortunes - also known as the solidarity tax - to ensure that, as soon as the Executive of Pedro Sánchez presents it, the Community legal team will appeal it to the Constitutional Court.

Thomas Osborne
Thomas Osborne
11 October 2022 Tuesday 13:31
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Ayuso will appeal the Government's solidarity tax to the Constitutional Court

The president of Madrid, Isabel Díaz Ayuso, does not need to wait for the Government to officially draw up the tax on large fortunes - also known as the solidarity tax - to ensure that, as soon as the Executive of Pedro Sánchez presents it, the Community legal team will appeal it to the Constitutional Court

Ayuso has initially indicated that the Ministry of Finance will have to write it "frankly well" because they will be on top of them. Although a posteriori has clarified that "whatever they write, this tax will directly attack the fiscal autonomy of the Community, taking into account that what it is trying to do is reinstate the payment of a tax that we, within our autonomy, have withdrawn" , has indicated in statements to journalists after an act in Valdemorillo.

The regional president also considers it a joke in bad taste that this new rate is called the solidarity tax because it is not. "Solidarity would be to lower salaries, something that this Government has not done; reduce ministries, which the Government does not do; solidarity would be to lower the price of electricity, VAT on essential products and help the economies and not be wasting what we are seeing... in propaganda. That would be solidarity and not point out to citizens who have heritage", he has listed.

For the head of the Madrid Executive, in Spain "there is no one left" and she prefers that the great patrimonies "stay" among other things to "move the economy and help the most vulnerable" which is where we must focus now.

For his part, during the press conference after the Governing Council, the Vice President and Minister of Education and Universities, Enrique Ossorio, warned that, if it goes ahead, more than 13,000 people could go to other countries that do not have this tax and in the Community it could mean the loss of 5,000 million in income tax and VAT collection, 88% of the budget for Education or 60% of the Health budget.

The presentation of this appeal of unconstitutionality has been addressed this Tuesday during the meeting of the Governing Council, considering that it is the creation of a "very negative" tax for the Community of Madrid that would entail the expulsion of heritage from the region to other countries just as it happened, he warned, in France.

As he has alleged, in the absence of seeing how its creation would take shape, he has stressed that the most likely thing is that the Sánchez Executive will promote it via "ordinary law", something that would collide with the Autonomous Communities Financing Law (LOFCA), which includes in its article 19 that "in the case of transferred taxes, each Autonomous Community may assume, in the terms established by the law that regulates the transfer of taxes, the following regulatory powers (...) in the Wealth Tax, the determination of exempt minimum and rate, deductions and bonuses".