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A query was raised regarding which regulations should apply to tax benefits that require post-enjoyment compliance if the law changes. The DGT ruled that, unless the new law specifies its entry into force, the requirements of the regulation in force at the time of accrual must continue to apply.
Cuestión planteada Qué normativa ha de aplicarse a los beneficios fiscales vinculados a requisitos posteriores al de su disfrute. Modificaciones futuras.
Las normas tributarias se aplican a los tributos cuyo periodo impositivo se inicie desde su entrada en vigor y no tienen efectos retroactivos. En el caso de modificaciones de requisitos posteriores para mantener un beneficio, si la nueva ley no regula su aplicación temporal, deben seguir cumpliéndose los requisitos establecidos por la norma aplicada en el momento del devengo.
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