The Constitutional Court will study next week the presentation on the tax on large fortunes that is committed to endorsing its constitutionality and rejecting the appeal presented by the Government of Isabel Díaz Ayuso.
As TC sources explain to La Vanguardia, Judge María Luisa Balaguer sees no trace of unconstitutionality in the tax approved by the Government of Pedro Sánchez in 2022, understanding that it neither invades powers nor generates legal uncertainty.
The presentation believes that the rule does not invade the autonomous powers in fiscal policy of the Community of Madrid. In next week's plenary session, the presentation will be debated to determine whether a sentence in these terms comes forward.
In his direct confrontation with the central government, Ayuso argued that the aforementioned measure not only goes "against savings and investment", but is also designed specifically against Madrid and Andalusia - both communities governed by the PP, as they are regions where the estate tax is reduced.
The regional government's calculations are that the tax will cause the Community of Madrid to have losses of between 1,200 and 1,600 million euros per year because it will stop foreign investments in the region.
The presentation rules out that the new tax supplants the regional powers for the management of transferred taxes, such as the Wealth Tax, which in the Community of Madrid has been 100% subsidized since 2008.
For Balaguer, the autonomous communities can only pursue extra-fiscal purposes within the framework of their powers and cannot prevent the State from intervening in general Treasury matters.
This argument goes against the one raised in the appeal, which maintained that the tax imposes a national quota for all the regions of the common regime, "invading the management of the autonomies in the matter, which especially harms Madrid taxpayers." , according to article 156 of the Constitution.
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 eliminate the wealth tax by means of a 100% bonus. It also affected Madrid, which also has a 100% discount and Galicia at 50%.
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 will contribute to the great fortunes of the central government and which accrues on December 31. If it had not been done, that money would go to the Spanish Treasury.
