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Spanish Supreme Court examines refund of excess amounts withheld non-discrimination provision (US treaty)

|Treaty Development|Spain-United States
Spain-United States

The Spanish Supreme Court has handed down a judgment that changes the established position on claims for refunds of excess amounts of tax withheld or prepaid pursuant to a tax treaty. The problem arose with respect to the legal provision (i.e. Decree 363/1971), which stipulated that claims of this type had to be made within a maximum period of 1 year (extended to 2 years by Royal Decree 537/1997) …

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