Deduction for international double taxation in the cases of application of the international tax transparency regime
Regulations: Art. 91.10 Law Income Tax
In cases where the imputation of income is applicable under the international tax transparency regime , the tax or levy actually paid abroad due to the distribution of dividends or profit shares will be deductible under this concept, whether in accordance with an agreement to avoid double taxation or in accordance with the internal legislation of the country or territory in question, in the part that corresponds to the positive income included in the tax base.
This deduction will be applied even when the taxes correspond to tax periods other than the one in which the inclusion was made.
The deduction may not exceed the full amount that would be payable in Spain for the positive income imputed in the tax base.
Note: Under no circumstances may taxes paid in countries or territories classified as non-cooperative jurisdictions be deducted.
For these purposes, it should be noted that the first Additional Provision of Law 36/2006, of November 29, on measures for the prevention of tax fraud ( BOE of November 30), after the modification introduced by the sixteenth article of Law 11/2021, of July 9, on measures for the prevention and fight against tax fraud ( BOE of July 10), contains the definition of countries and territories that are considered non-cooperative jurisdictions, which replaces that of tax havens, countries or territories with which there is no effective exchange of information, or with no or low taxation.
In this regard, please note that although Order HFP /115/2023, dated February 9, has been approved, which determines the countries and territories, as well as the harmful tax regimes, that are considered non-cooperative jurisdictions ( BOE of February 10), which updates the list of countries and territories that appear in Royal Decree 1080/1991, of July 5, it is not applicable in the IRPF until the year 2024, so during this year 2023, the countries or territories provided for in Royal Decree 1080/1991, of July 5, which determines the countries or territories that are considered tax havens, continue to be considered non-cooperative jurisdictions.>