He constitutional Court This Tuesday, it endorsed the tax on Great Fortunes, thus rejecting the appeal of unconstitutionality presented by the Government of the Community of Madrid. The decision of the TC has been approved by the progressive majority, seven votes in favor, and with four votes against from the magistrates of the conservative sector of the guarantee body, Enrique Arnaldo, Concepción Espejel, Ricardo Enríquez y César Tolosa.
Madrid’s appeal, the first of those analyzed by the High Court against the new tax rate, maintained that the so-called tax on the rich attacks the fiscal capacity of the communitieswhich is included in the Constitution, and which also violates the principles of legal security, economic capacity and non-confiscation, as well as the principles of fiscal co-responsibility, coordination and institutional loyalty.
The sentence, whose presentation corresponded to the progressive magistrate María Luisa Balaguer, maintains, however, that the creation of the tax It does not represent an invasion by the State of regional powers in tax matters. In fact, he emphasizes that regional powers cannot be interpreted to the point of neutralizing state powers.
Likewise, the resolution endorses that the State uses its tax power to harmonize regional taxes, just as happens with the tax on Great Fortunes. In this sense, the Constitutional ruling emphasizes that the aforementioned tax does not undermine the capacity of the Community of Madrid to generate its own system of resources.
This point is another of the complaints made not only by the region governed by Isabel Díaz-Ayuso, but also by Andalusia and Galicia. The communities popular They maintain that the tax on a hidden harmonization, which is a fway to neutralize the tax cuts that are applied in these territories. The TC, therefore, fully endorses this decision of the Minister of Finance, María Jesús Montero, who from the moment she arrived at the Ministry accused Madrid of dumping fiscal and showed its commitment to carry out this harmonization.