Press Release: Direct taxation: Commission requests Spain to amend laws incompatible with the EC Treaty

The European Commission on 14 July 2005 sent Spain a formal request to amend its discriminatory legislation concerning the taxation of non-residents' employment-related income and concerning capital gains realised by non-residents on the sale of Spanish immovable property. In addition, the Commission decided to send a formal request to Spain to amend its rules concerning taxes on the raising of capital which the Commission believes are not in line with the Directive concerning indirect taxes on the raising of capital (69/335/EEC). The European Commission has also sent Spain a formal request to amend its legislation concerning the tax deductibility of costs for research, development and technological innovation. These requests are in the form of reasoned opinions, the second stage of the infringement procedure under Article 226 of the Treaty. If Spain does not amend its laws within two months, the Commission may refer the cases to the Court of Justice.

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