Determination of the amount of positive income to be attributed and the moment in which the imputation must be made
Determination of the amount of positive income to be imputed
Regulations: Art. 91.6, 8 and 13.c) Law Personal Income Tax
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Positive income amount
The amount of positive income to be allocated to the tax base will be calculated in accordance with the principles and criteria established in the regulations governing Corporate Tax for the determination of the tax base, using the exchange rate in force at the end of the fiscal year. the non-resident entity in Spanish territory.
When the investee entity is a resident of countries or territories classified as tax havens, it will be presumed, unless proven otherwise, that the income obtained by the investee entity is 15% of the acquisition value of the participation.
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Imputation
Once the amount of positive income has been determined, the imputation will be made in proportion to the participation of the resident natural person in the results of the non-resident entity and, failing that, to the participation in the capital, own funds or voting rights of the entity.
In the event that the taxpayer indirectly participates in the resident entity through one or more non-resident entities, the amount of positive income to be imputed will be that corresponding to the indirect participation.
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Limit
In no case will an amount greater than the total income of the non-resident entity be imputed.
Tax period in which the imputation must be made
Regulations: Art. 91.7 Law Personal Income Tax
The imputation will be made in the tax period that includes the day on which the non-resident entity has concluded its fiscal year which, for these purposes, cannot be understood to last longer than 12 months.