
Corporate deadlock: contractual mechanisms for resolving shareholder disputes
A corporate deadlock arises when shareholders or corporate bodies are unable to adopt or implement the resolutions required for the company to operate. Anticipating this
In a Resolution dated May 12th, 2023, the TEAR upheld the claim filed against the provisional ISD liquidation of the Community of Madrid, determined by the DGT of the Community of Madrid, which denied the application of the 99% tax credit, based on the fact that the donation documented before a French Notary Public and duly apostilled, would not be considered as a public document, a requirement established by article 3.five.2 of Law 4/2006, of December 22nd, 2006, on Tax and Administrative Measures.
On the contrary, the TEAR appreciates that those formalized before a foreign Notary cannot be excluded from the consideration of public documents, as long as they comply with the notarial legislation of the corresponding State, together with the fact that the apostille of the document has recognized the condition of “public document”, thus confirming its documentary cate gory.
The TEAR also ratifies that the only requirement demanded by Article 25.2 of Legislative Decree 1/2010, of October 21st, consists of the mere formalization of the donation by means of a public document, so that the granting of a notarial deed of donation itself cannot be considered essential.

A corporate deadlock arises when shareholders or corporate bodies are unable to adopt or implement the resolutions required for the company to operate. Anticipating this

Changing tax residence outside Spain can have significant tax implications, particularly for taxpayers holding substantial corporate or financial interests. In certain cases, losing Spanish tax

If you are relocating to Spain to work — or if your company is considering bringing someone in from abroad — you have probably already
Your privacy settings
Manage Consent Preferences
Necessary
Analytics
Embedded Videos
Google Fonts
Marketing