In its recent sentence, the Supreme Court narrows the interpretation of the Law pointing at more objective criteria in terms of residence status. The court resolves over an intern from the ICEX (Spanish Institute of Foreign Trade), who signed a contract to work from October 1st, 2010 until September 30th, 2011, ie. one year in the commercial office of Spain in New York. The ICEX practiced the corresponding tax withholdings, but the employee understood that as a non-resident in Spain he had to file the 210 Form of the Non-Resident Income Tax, for which he requested the amounts withheld by the payer to the Spanish Tax Office.
Judgment of the Union European Court of 26 October 2017
This judgment resolves a preliminary ruling that was raised by a Court of First Instance of Belgium about the Corporate Tax Belgium Law relating to the Directive 90/435 of Union European which rules the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States. This Directive aims to avoid the disadvantages that companies of different Member States have in comparison between companies that are in the same Member State.
The Unit Linked goes one step further than life insurances instruments. It covers death, disability or retirement, but also allows the policyholder to choose in which stocks, bonds or mutual funds invest the product.
The Unit Linked combines the tax benefits of life insurance with the profitability and liquidity of an investment instrument, being advantageous too for inheritance and wealth tax planning.