Skip to main content
Practical Manual for Companies 2020.

Expenditure corresponding to transactions with linked persons or entities

In accordance with the provisions of article 15 j) of the LIS , expenses corresponding to operations carried out with related persons or entities that, as a result of a different tax classification in these, do not generate income or generate income that is exempt or subject to a nominal tax rate of less than 10 percent be considered tax-deductible expenses.

Filling in form 200

In application of the provisions of this precept, the taxpayer must make the following adjustments in boxes [01009] and [01010] "Expenses corresponding to operations carried out with related persons or entities (art. 15 j) LIS)" page 12 of form 200:

  • In the tax period in which the aforementioned non-tax-deductible expenses are recorded, a positive adjustment must be made to the accounting result in box [01009] .

  • However, even if the conditions set out in said article are met, if in subsequent tax periods the taxpayer proves that there are valid economic reasons for carrying out said operations, said financial expenses will be considered tax deductible , so a negative adjustment must be made in box [01010] .

New:

Royal Decree-Law 4/2021 , of March 9, which modifies Law 27/2014, of November 27, on Corporate Tax, and the consolidated text of The Non-Resident Income Tax Law, approved by Royal Legislative Decree 5/2004, of March 5, in relation to hybrid asymmetries, introduces with effect for tax periods that begin on or after January 1, 2020 and that have not ended upon the entry into force of this Royal Decree-Law (March 11, 2021), a new article 15 bis in the LIS , with the consequent repeal of article 15 j) of the LIS, and adds sections 6 and 7 to article 18 of the consolidated text of the Non-Resident Income Tax Law, in order to transpose Council Directive ( EU ) 2016/1164, of July 12, 2016, in the wording given by Council Directive (EU) 2017/952, of May 29, 2017, regarding the hybrid asymmetries that take place between Spain and other Member States and between Spain and third countries or territories.

Consequently, the adjustment of boxes [01009] and [01010] "Expenses corresponding to operations carried out with related persons or entities (art. 15 j) LIS)" may be made when the taxpayer has a tax period that ends before March 11, 2021 , that is, the tax period must end before the entry into force of Royal Decree-Law 4/2021, of March 9.

This adjustment of “Expenses corresponding to operations carried out with related persons or entities (art. 15 j) LIS)” is incompatible with adjustment “ Hybrid asymmetries ”.