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Practical Income Manual 2022.

Measures to avoid double taxation

Regulations: Art. 92.4 Law Personal Income Tax

When the imputation is appropriate, the following amounts will be deductible from the full Personal Income Tax fee corresponding to the taxpayer who makes the imputation of the income:

  1. The tax or taxes of an identical or similar nature to the Personal Income Tax or the Corporate Tax that, paid abroad by the first transferee non-resident person or entity, corresponds to the part of the net income derived from the amount that must be included in its tax base.

  2. The Personal Income Tax or the Corporate Tax that, paid in Spain by the first transferee resident person or entity, corresponds to the part of the net income derived from the amount that must be included in its tax base .

  3. The tax or levy actually paid abroad by reason of the distribution of dividends or shares in profits distributed by the first transferee, whether in accordance with an agreement to avoid double taxation or in accordance with the internal legislation of the country or territory of which in question, in the part that corresponds to the amount included in the tax base.

  4. The tax paid in Spain, when the natural person is not a resident, which corresponds to the consideration obtained by the natural person as a consequence of the first transfer of the right to exploit their image or the consent or authorization for its use.

  5. The tax or taxes of an identical or similar nature to Personal Income Tax paid abroad, which corresponds to the consideration obtained by the natural person as a consequence of the first transfer of the right to exploit their image. or consent or authorization for its use.

These deductions will be made even when the taxes correspond to tax periods other than the one in which the imputation was made, without them exceeding, as a whole, the full amount that must be paid in Spain for the income imputed in the tax base.

In no case will taxes paid in countries or territories legally classified as non-cooperative jurisdictions be deducted.

See in this regard the definition of non-cooperative jurisdiction included in the first Additional Provision of Law 36/2006, of November 29, on measures for the prevention of tax fraud and which is discussed in " List of countries and territories of non-cooperative jurisdiction " within the section dedicated to the "Imputation of income by partners or participants of collective investment institutions established in countries or territories classified as non-cooperative jurisdiction" in this Chapter.

For these purposes, keep in mind that Order HFP /115/2023, of February 9, has recently been approved, which determines the countries and territories, as well as harmful tax regimes , which are considered non-cooperative jurisdictions ( BOE of February 10). Said order that updates the list of countries and territories that appeared in Royal Decree 1080/1991, of July 5, will be applicable to taxes without a tax period accrued from its entry into force and to other taxes whose tax period is start from that moment.

The amount corresponding to the taxes that, in accordance with the above, are deductible will reduce the total net amount, for which they must be recorded in box [0590] of section "M" of the declaration.