The National Court rejects the preventive suspension of the bank tax

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The ministerial decree, which was approved at the beginning of February, means that financial entities whose interests and commissions exceeded 800 million in 2019 will pay a rate of 4.8% of the sum of net income from interest and commissions.

The National Court has ruled out preventive suspension of the measure bank tax after dismissal of the appeals filed by Bankinter, Kutxabank —through its subsidiary Cajasur— and Sabadellunderstanding that this does not cause them serious harm and does not endanger their survival.

As confirmed by judicial sources, the magistrates of the controversial chamber limited themselves to rejecting the preventive suspension. without breaking the law of the tariff, and have also ruled out referring this issue to the Court of Justice of the European Union (CJEU).

The court is considering rejecting the suspension does not cause irreparable damagesince if the appeal is ultimately allowed, there would be a completely reversible situation through the return of what was paid with payment of the mandatory interest (executing the necessary damages).

The ministerial decree, which was approved at the beginning of February, means for financial entities whose interests and commissions will exceed 800 million in 2019 pay a rate of 4.8% of the sum of the net income from interest and commissions.

With this, the government hoped to receive 1,500 million annually in this way, that is, 3,000 million between 2023 and 2024, although the changes that the standard underwent during the parliamentary process have reduced these amounts, the second payment of which should be made this autumn. month.

Source: EITB

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