The Constitutional Court accepts two more appeals against the tax on large fortunes

The Constitutional Court has admitted for processing two more unconstitutionality appeals against the taxes on large fortunes that were approved last December.

Oliver Thansan
Oliver Thansan
18 April 2023 Tuesday 05:25
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The Constitutional Court accepts two more appeals against the tax on large fortunes

The Constitutional Court has admitted for processing two more unconstitutionality appeals against the taxes on large fortunes that were approved last December. In this case they are the resources of Madrid and Galicia. A few weeks ago, the one requested by Andalusia was admitted for processing.

The Constitutional has also reported that it has once again rejected the precautionary suspension of the tax as requested by the Junta de Andalucía. After the Court opposed the measure in March, the Andalusian government filed an appeal. According to the Constitutional Court "the meaning of the Court's decision was solely to verify, without further ado, the a priori legal impossibility of proceeding in the manner concerned by the plaintiff, without there therefore being any possibility of responding to the arguments put forward in favor of its adoption".

The Community of Madrid chaired by Isabel Díaz Ayuso requested the unconstitutionality of the text because the law could violate "the principle of legal certainty, the principles of economic capacity and non-confiscation" and "the political and financial autonomy of the autonomous communities". She also requested the suspension. On the other hand, Galicia did not request it.

The tax on large fortunes that began to accrue last year was intended to counteract measures such as the one adopted by the Junta de Andalucía to abolish the wealth tax by way of 100% bonus. It also affected Madrid, which also has a 100% bonus and Galicia 50%.

The tax is paid by taxpayers with assets of more than 3.7 million euros. In addition to these three communities, other resources are being prepared, such as the one promoted by the Catalan employers' association Foment del Treball.

In Catalonia, the Generalitat approved raising the wealth tax retroactively to January 1 to capture the extra 12 million in revenue that the new tax on large fortunes of the central government will contribute and that accrues on December 31. If they had not done so, that money would go to the Spanish Treasury.