Javier Vinuesa and John Galilea analyse the growing tax uncertainty surrounding SCRs in the wake of the investment boom | El Confidencial

Javier Vinuesa and John Galilea warn about the growing legal uncertainty surrounding SCRs, given the rise of tax inspections and the Treasury’s new restrictive interpretations of the grace period and delegated management.

Following the reform that limited the tax benefits of SICAVs, high net worth individuals have opted for SCRs as an investment alternative. However, the increase in tax inspections, especially in Catalonia and Aragon, has generated legal uncertainty about their tax treatment.

Binding consultation V85/23 argues that, during the first three years, SCR investments are not considered to be subject to a legal obligation, which would prevent the application of the wealth tax exemption.

In this context, Javier Vinuesa and John Galilea warn:
“The DGT has stated that, during the three-year period that the SCR has to comply with its mandatory investment ratio, it is not possible to consider that such securities are held in order to comply with a legal obligation, which leaves them outside the scope of the Wealth Tax exemption. It is surprising that a taxpayer should be prejudiced by anticipating compliance with the Law.”

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