By Manuel Godia Castillo, Senior Associate, Tax Area.
The Supreme Court admits the appeal of a company represented by Godia Asesores Tributarios, against the Judgment of the Superior Court of Justice of Madrid.
The right to a refund of Value Added Tax (VAT) is addressed, requested after the execution of a corporate restructuring operation, consisting of the merger by absorption of an entity.
Considering the above, and in accordance with the provisions of article 88.1 of the LJCA, in relation to article 90.4 of the same regulation, the Court appreciates that this appeal presents objective casational interest for the formation of jurisprudence, determining if the processing by the Tax Administration of a limited verification procedure opened to the absorbing company, aimed at verifying the obligations of the absorbed company, of which the absorbing company, as a consequence of the corporate restructuring operation, is the universal successor, interrupts the right to obtain tax refunds.
Therefore, the order emphasizes that there is no clear jurisprudence on this issue that affects multiple taxpayers, which justifies the intervention of the Supreme Court.
This case is key for legal certainty in tax matters and for companies that have undergone restructuring operations. The decision of the Supreme Court will set a precedent on the statute of limitations for the right to tax refunds and the interpretation of article 68.4 of the General Tax Law.
At Godia Asesores Tributarios, we are accustomed to representing and defending our clients before the highest courts.