The National Court has ruled out provisionally suspending the tax on large fortunes, as requested by the Madrid Association of Family Businesses (Amef), understanding that the measure would imply nullifying the application of a law, for which it has no powers. .
In an order dated September 1 to which Efe has had access, the administrative litigation chamber rejects the request, considering that the plaintiff requests “plain and simple” the suspension of the obligation to pay the tax debt arising from the application of the tax, which is equivalent to asking the court to suspend the application of a law.
The temporary solidarity tax on large fortunes, approved for the years 2023 and 2024, affects net assets exceeding 3 million euros, accrues on December 31 of each year and the presentation of the declaration occurs between 1 and on July 31.
It has raised 623 million euros in 2023 from 12,010 large assets, equivalent to 0.1% of total taxpayers. These taxpayers have paid an average fee of 52,000 euros, according to data from the Ministry of Finance.
Apart from the Amef, the Government of the Community of Madrid is among the entities that have appealed the new tax through administrative litigation. Its resources are directed against the order of the Ministry of Finance that approves the model for its liquidation.
In order to avoid double taxation, taxpayers of the tax on large fortunes only pay taxes on the part that has not been taxed by their autonomous community in the wealth tax, hence the collection comes mainly from the communities that benefit totally or partially said tax, among which the Community of Madrid stands out.
