Economic activities carried out through entities under the income attribution regime
Regulations: Art. 39 Regulation Income Tax
The objective estimation method for determining the net income of economic activities carried out through entities under the income attribution regime will be applied regardless of the circumstances that occur individually in their partners, heirs, co-owners 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:
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That all partners, heirs, commoners or participants are natural persons who pay taxes under IRPF .
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That the application of the objective estimation method has not been waived in a timely manner.
The resignation must be formulated unanimously by all the partners, heirs, commoners or participants that make up the entity; However, the revocation of the resignation may be submitted by only one of them.
Important : In order 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 taken into account, but also those corresponding to those carried out by its partners, heirs, co-owners or participants, the spouses, descendants and ascendants of these, as well as by other entities under the attribution regime in which any of the above persons participate and in which the circumstances expressed in the rules for determining the volume of gross and purchase income concur.
Likewise, not only the specific magnitude corresponding to the economic activity carried out by the entity itself under an attribution regime must be computed, but also those corresponding to those carried out by its partners, heirs, commoners 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 gross income and purchases occur.