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Form 200. Corporate Income Tax Declaration 2019

11.4.1.4 Income that is not attributed to the tax base

The following income will not be included in the tax base:

  1. Those indicated in letter g) of the previous section when more than 50 percent of the income derived from credit, financial, insurance or service provision activities carried out by the non-resident entity come from operations carried out with persons or entities not linked in the meaning of the aforementioned article 18 of the LIS .

  2. The income provided for in letters b) and e) of the previous section, in the case of securities derived from participation in the capital or own funds of entities that grant, at least, 5 percent of the capital of an entity and are possess for a minimum period of one year, with the purpose of directing and managing the participation, provided that it has the corresponding organization of material and personal means, and the participated entity does not meet the requirements established in section 2 of article 5 of the LIS. In the case of entities that are part of the same 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, the requirements relating to the percentage of participation as well as The existence of a direction and management of participation will be determined taking into account all those who are part of it.

  3. The income provided for in section 3 of article 100 of the LIS when the sum of their amounts is less than 15 percent of the total income obtained by the non-resident entity, except the income referred to in letter g) of the previous section. , which will be charged in their entirety.

  4. The income referred to in section 3 of article 100 of the LIS, when it corresponds to non-tax deductible expenses of entities resident in Spanish territory.

  5. Dividends or participation in profits in the part that corresponds to the positive income that has been included in the tax base. The same treatment will apply to interim dividends.

The exclusion of these incomes will mean a decrease in the accounting result that will be reflected in the code [00388] on page 12 of form 200.

Dividends distributed that correspond to income included in the tax base in a previous tax period must also be reflected in key [00388].