Estimated returns on capital and related operations

Regulations: Articles 6.5, 40 and 41 Personal Income Tax Law

The benefits of goods or rights capable of generating income from movable capital are presumed to be remunerated, unless proven otherwise . In the absence of evidence to the contrary, the valuation of the estimated returns will be carried out at the normal market value, this being understood as the consideration that would be agreed between independent parties, unless proven otherwise, of another lower value.

If it is loans and operations to raise external capital in general , the normal market value will be understood as the legal interest rate on money that is in force on the last day of the tax period, 3 per 100 for fiscal year 2019.

In the case of operations between related persons or entities , the valuation will be carried out imperatively at the normal market value, in the terms provided for in article 18 of Law 27/2014, of 27 of November, of the Corporate Tax ( BOE of the 28th). This same Chapter discusses the integration into the tax base of the income obtained from the transfer of own capital from related entities to third parties.