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National
- Partial spin-off of a company through the creation of a new entity to receive the segregated assets. [+Info]
The consultation is part of a business group reorganisation, whereby a company (the contributing company) spins off part of its assets, consisting of investments in group companies, and transfers them in block to a newly created company (the beneficiary company). In exchange, the contributing company receives all the shares representing the capital of the beneficiary company.
BOICAC Number 142 / June 2025-1
- Accounting criteria applicable to transfers of use of real estate. [+Info]
The consultant points out that the answers provided in consultation 1 of BOICAC No. 137 (April 2024), regarding the free transfer of a property to a local council by a commercial entity, and in consultation 2 of BOICAC No. 140 (January 2025), concerning a transfer without consideration from a subsidiary to its parent company, seem to offer different accounting treatments for the same factual situation.
BOICAC No. 142 / June 2025-2
- Accounting criteria for aid granted for the acquisition of company shares. [+Info]
The issue raised concerns three companies, referred to as A, B and C, which operate as authorised retail dealers for a car brand, with no shareholding link between them and the manufacturer beyond the commercial relations arising from their activity as distributors. The brand, which acts as manufacturer and wholesale supplier, is interested in exercising a certain degree of supervision over the actions of its distributors in Spain, particularly with regard to commercial or corporate agreements that may be formalised between them, actively participating as a reference point in this type of initiative.
BOICAC Number 142 / June 2025-3
- Calculation of the deadline for preparing consolidated annual accounts when companies in a group are domiciled in areas affected by the DANA. [+Info]
The consulting entity raises its question in relation to the provisions of section 3 of article 33 of Royal Decree-Law 8/2024, of 28th of November, which adopts urgent complementary measures within the Immediate Response, Reconstruction and Relaunch Plan in response to the damage caused by the isolated high-altitude depression (DANA) that occurred between the 28th of October and 4th of November 2024. Specifically, it raises the question of whether the suspension of the deadline for preparing the consolidated annual accounts would be applicable in the event that the parent company of the group does not have its registered office in any of the municipalities affected by the DANA, but certain subsidiaries that form part of the consolidation perimeter do.
BOICAC Number 142 / June 2025-4
- On the 4th of August, the Spanish Association of Tax Advisers (AEDAF) issued a statement on the undue collection of Special Tax on Hydrocarbons. [+Info]
The Spanish Association of Tax Advisors (AEDAF) has issued a statement in response to the State Attorney’s Office regarding the Special Tax on Hydrocarbons, pointing out, among other issues, that ‘it is not acceptable for the State to keep money collected illegally, using technicalities about the economic transfer of the tax as an excuse.’
Barcelona, 16th of September 2025.
