European Union law has an increasing impact on the development of Member States’ taxation powers. This is particularly evident in the case of sub-central entities, such as the Autonomous Communities. These limits are themselves in a process of transformation, so it is not always easy to know in advance the real scope of this legal framework.
Autonomous Communities have constitutionally recognised authority to establish taxes, which is, however, more theoretical than real because the tax space is mainly occupied by taxes levied by the central Government and municipalities. Since 1997, some reforms have attempted to grant greater regulatory scope in tax matters.
However, this legal system has been built with its back to EU law. Many regional measures are clearly contrary to the EU legal framework, but this has not provoked a sufficient coordinated reaction. Given the confluence of many of the European rules that are relevant to tax matters and the limits derived from the Spanish Constitution, it would be possible to advance towards greater coordination that would not entail a reduction in financial autonomy and that would in fact increase fiscal co-responsibility.
Source SSRN
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