Abstract

This article analyzes a decision of the Supreme Court of Spain, on appeal in cassation, handed down in a case where two public bodies discuss its jurisdiction over the application of certain kinds of charges. Such charges, for a state body (Government of Autonomous Region) constitute utility fares (for provision of public utilities), for the other state body (municipality) are taxes. This judicial decision underscores the validity of the debate about the conceptual scope of the tax, which is a matter of great complexity and converging various elements, all of which referred to in this work. This specifi c case is related to the payment of house water supply, and about the legal nature of the payment of the users of public utilities

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