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Practical Income Manual 2020.

Economic activities carried out through entities under the income attribution regime

Regulations: Art. 39 Regulation Personal Income Tax

The objective estimation method for determining the net performance of economic activities carried out through entities under the income attribution regime will be applied regardless of the circumstances that occur individually among its partners, heirs, community members or participants, provided that, in addition to the general conditions indicated above for economic activities carried out directly by natural persons, the following requirements are met:

  • That all partners, heirs, community members or participants are natural persons taxpayers for Personal Income Tax .

  • That the application of the objective estimation method has not been renounced in a timely manner.

    The resignation must be made unanimously by all partners, heirs, community members or participants who are members of the entity; However, the revocation of the resignation may be presented by only one of them.

Important : To define the scope of application of the objective estimation method to entities under the income attribution regime, not only the operations corresponding to the activities carried out by the entity itself must be computed, but also those corresponding to those carried out by its partners, heirs. , community members or participants, their spouses, descendants and ascendants, as well as by other entities under the attribution regime in which any of the above persons participate in which the circumstances expressed in the rules for determining the volume of full income and Shopping.

Likewise, not only the specific magnitude corresponding to the economic activity carried out by the entity itself under the attribution regime must be computed, but also those corresponding to those carried out by its partners, heirs, community members or participants; their spouses, descendants and ascendants; as well as by other entities under an income attribution regime in which any of the above persons participate when the circumstances indicated in the rules for determining the volume of full income and purchases occur.