b) Special rules

• The attributable income will be determined in accordance with the provisions of the regulations governing Corporate Tax, in cases where all members of the entity under the income attribution regime are taxpayers of Corporate Tax and are not considered to be holding companies or non-resident income tax payers with a permanent establishment.

• The determination of the income attributable to taxpayers of the Non-Resident Income Tax without a permanent establishment will be carried out in accordance with the provisions of Chapter IV of the consolidated text of the Non-Resident Income Tax Law, approved by Royal Legislative Decree 5/2004, of March 5 ( BOE of March 12).

• Taxpayers of the Corporate Tax and the Non-Resident Income Tax with a permanent establishment , who are members of an entity under the income attribution regime that acquires shares or interests in collective investment institutions, will include in their tax base the amount of income recorded or that must be recorded from the aforementioned shares or interests. Likewise, they will include in their tax base the amount of income from movable capital derived from the transfer to third parties of equity that would have accrued in favor of the entity under the income attribution regime.

Special case: negative income from foreign sources

When the entity under the income attribution regime obtains income from a foreign source from a country with which Spain has not signed an agreement to avoid double taxation with an information exchange clause, negative income that exceeds positive income obtained in the same country and from the same source will not be computed. The excess will be computed in the following four years as positive income is obtained from the same country and source.