The Plenary of constitutional Court plans to resolve next week the appeal filed by the Community of Madrid against the tax on large fortunes implemented by the Government of Pedro Sanchez. The presentation, known by EL MUNDO, proposes the complete dismissal of the unconstitutionality appeal promoted by the Government of Isabel Díaz Ayuso.
The draft ruling explains that an autonomous community cannot block state powers in tax matters. The presentation recognizes the Madrid’s community, in application of article 156.1 of the Constitution, financial autonomy to reduce the wealth tax in its territory to zero but, on the other hand, considers that the Ayuso Government cannot prevent the General cuts, In the exercise of its powers, establish a tax on large fortunes with the objective of both collecting and harmonizing between the different territories of the State.
The resolution that will be debated by the Plenary – presentation by the judge María Luisa Balaguer- supports that the State uses its tax power to harmonize regional taxes, as occurs with the tax on large fortunes.
In this sense, the draft ruling of the Constitutional Court emphasizes that the aforementioned tax does not undermine the capacity of the Community of Madrid to generate its own system of resources. The quantification of the tax on large fortunes is deduced from the fee paid by the wealth tax, operating as a kind of payment on account of the former. Holders of assets exceeding three million euros would only contribute to the tax on large fortunes when the autonomous community in which they reside has exercised its regulatory powers in the wealth tax downwards.