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Practical manual for Income Tax 2023.

Special case: entities resident in countries or territories classified as non-cooperative jurisdiction

Regulations: Art. 91.12 Law Income Tax

When the participating entity is resident in a country or territory classified as a non-cooperative jurisdiction, it shall be presumed, unless proven otherwise, that the following circumstances occur:

  1. That the taxation of the non-resident entity on the income subject to inclusion is less than 75% of the amount that would have corresponded to the same income by applying the rules of the Spanish Corporate Tax.

  2. That the entity is the producer of the income listed in letters a), b), c), d), e), f) and g), h) and ei) of the heading "Income obtained from entities that carry out economic activities" within the section " Content of the regime and time of imputation ", so they must be understood as imputable.

  3. That the income obtained by the participating entity is 15% of the acquisition value of the participation.

See in this regard the definition of non-cooperative jurisdiction contained in the First Additional Provision of Law 36/2006, of November 29, on measures for the prevention of tax fraud and 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.