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Form 200. Corporate Income Tax Declaration 2019

2.7.1.23 Patrimonial entity

This key will be marked by entities that are considered a property entity as established in article 5 of the LIS and that, therefore, do not carry out an economic activity.

For these purposes, a property entity will be understood as one in which more than half of its assets are made up of securities or are not affected, in the terms of section 2 of article 5 of the LIS, to an economic activity.

It must be taken into account that the value of the asset, securities and assets not assigned to an economic activity will be that which is deducted from the average of the quarterly balance sheets for the year of the entity, or in the event that it is dominant of a group according to the criteria established in article 42 of the Commercial Code, regardless of residence and the obligation to prepare consolidated annual accounts, of consolidated balance sheets. For these purposes, the money or credit rights arising from the transfer of assets related to economic activities or values referred to in the following paragraph, which have been carried out in the tax period or in the periods referred to in the following paragraph, will not be computed. two previous tax periods.

Likewise, the following will not be counted as values:

  1. Those held to comply with legal and regulatory obligations.

  2. Those that incorporate credit rights arising from contractual relationships established as a consequence of the development of economic activities.

  3. Those owned by securities companies as a consequence of the exercise of the activity constituting their object.

  4. Those that grant at least 5 percent of the capital of an entity and are held for a minimum period of one year, with the purpose of directing and managing the participation, provided that the corresponding organization of material and personal means is available. , and the investee entity is not included in this section. This condition will be determined taking into account all companies that are part of a group of companies according to the criteria established in article 42 of the Commercial Code, regardless of residence and the obligation to prepare consolidated annual accounts.