Imputation of income by partners or participants of collective investment institutions established in countries or territories classified as non-cooperative jurisdiction
Regulations: Art. 95 and eighth transitional provision Law IRPF
The Personal Income Tax Law dedicates a section (Section 6) of its Title X and two articles (94 and 95) to the taxation corresponding to the partners or participants of the following collective investment institutions:
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Those regulated by Law 35/2003, of November 4, on Collective Investment Institutions,
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Those regulated by Directive 2009/65/EC of the European Parliament and of the Council, of July 13, 2009, other than the above, which are established and domiciled in a Member State of the European Union and registered in the special registry of the National Securities Market Commission, for the purposes of their marketing by entities resident in Spain and
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Those established in countries or territories considered non-cooperative jurisdictions.
The taxation corresponding to the partners or participants of the first two collective investment institutions is regulated in article 94 of the LIRPF and does not present any differences in treatment with respect to the income subject to imputation to the partners or participants, applying the IRPF regulations that correspond to each type of income according to its origin or source, except for some special features for listed investment funds and listed index SICAVs and in the application of the deferral regime for reinvestment in SICAVs, the commentary of which is included in the corresponding chapter of this manual.
Unlike the tax incentives established for investment in the previous collective investment institutions (tax deferral regime), for the taxation corresponding to partners or participants in collective investment institutions established in countries or territories considered as non-cooperative jurisdictions, a special tax regime is established in article 95 of the LIRPF that aims to do the opposite, to discourage taxpayers who decide to invest in this type of collective investment institutions.
This special tax imputation regime is as follows: