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Practical Income Manual 2022.

Economic activities carried out through entities under the income attribution regime

Regulations: Art. 39 Regulation Personal Income Tax

The entities under the income attribution regime that develop agricultural, livestock or forestry activities will apply the objective estimation method to determine the net return of said activities regardless of the circumstances that occur individually in its partners, heirs, community members or participants, provided that, in addition to the general conditions indicated above for economic activities carried out 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.

Note: 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. , commoners 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 purchases occur.

In any case, the net return determined by the entity under the income attribution regime will be attributed to the partners, heirs, community members or participants, according to the rules or agreements applicable in each case and, if these are not confirmed to the Administration in a reliable manner , will be attributed in equal parts.