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Madrid government warns in letter to finance minister that tax harmonization is “unconstitutional”

Updated: Wednesday, December 2, 2020 12:20 PM

Published on: 02/12/2020 12:10

The Minister of Finance of the Community of Madrid, Javier Fernández-Lasquetty, warned in a letter to the Minister of Finance that the fiscal harmonization they seek from property and inheritance taxes is unconstitutional and “a direct and notorious attack on the Spanish Constitution “.

The advisor put it forward in ‘ARV’: “I have just sent a letter to the Minister of Finance warning her that if she intends to change the taxes of Madrid through a commission with the Generalitat de Catalonia or ERC, it is in a very serious constitutional mess. That, of course, we would demand unconstitutionality. Because the Madrid taxes are only decided by the Madrid Assembly, “he said.

“It is a warning because it is that, really, they are getting into a very serious problem. The system of financing of the autonomous communities or is agreed between all, or otherwise it is not possible. You cannot agree with certain parties or with another autonomous community to decide on the taxes that a third party must have ”.

The letter, to which laSexta had access, reflects the “deep unease” that the agreement between the government and ERC to harmonize certain taxes attributed to the autonomies caused to the executive power of Madrid. A pact, says the letter, “for the express purpose of unjustly invading the fiscal autonomy of the Community of Madrid”.

“The announcement of the creation of a” bilateral government-CER commission “to adopt decisions on the taxes of the Community of Madrid is not only a blatant contempt for the people of Madrid, but also has no precedent and , of course, no place in the constitutional order. In this sense, I prefer to warn you of

at that point that, if they move forward in this way, we would present an injunction of incompetence and, ultimately, we would raise a conflict of jurisdiction before the Constitutional Court, ”the letter reads.

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