Tuesday, February 26, 2013

MALLORCA TODAY - High court rules against double taxation for Puerto Pollensa terraces

The Balearics High Court has upheld a previous legal ruling and dismissed an appeal by Pollensa town hall in respect of a challenge raised by a restaurant owner on the Paseo Anglada Camarasa in Puerto Pollensa who objected to paying a tax to the town hall for occupying public space (for a terrace) when a tax had already been paid to the Costas Authority. 

Comment: This is an important decision by the court as it tackles the absurd situation that exists not only in Pollensa of businesses paying more than once for the same public space. It also highlights the confusion over which authority has dominion over what. There is a third body which comes into this equation, namely the Balearics Ports Authority, which, as an example, collects revenue from businesses on Alcúdia's Paseo Marítimo. A definitive ruling is needed to establish that there is one body and one alone that has the right to apply a tax, and the most sensible one would be the town halls, a possible problem with this being, as shown in Puerto Pollensa, that when it comes to maintenance of the frontlines, it is the Costas which have to act, meaning it would want tax revenue. Confused, it most definitely is.

See more: Diario de Mallorca

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