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Practical Manual for Companies 2020.

Income not attributable to the taxable base

Regulation: Article 100.4, 5 and 6 LIS

The following income will not be imputed in the tax base:

  1. The positive income provided for in letter g) of article 100.3 of the LIS when more than 50 percent of the income derived from credit, financial, insurance or service provision activities carried out by the non-resident entity comes from operations carried out with persons or entities not related in the sense of the aforementioned article 18 of the LIS.

  2. The income provided for in letters b) and e) of article 100.3 of the LIS, in the case of securities derived from participation in the capital or equity of entities that grant at least 5 percent of the capital of an entity and are held for a minimum period of one year, for the purpose of directing and managing the participation, provided that it has the corresponding organization of material and personal means, and the participating entity does not meet the requirements established in article 5.2 of the LIS. In the case of entities that form part of the same group of companies according to the criteria established in article 42 of the Commercial Code, regardless of residence and the obligation to prepare consolidated annual accounts, the requirements relating to the percentage of participation, as well as the existence of management and direction of the participation will be determined taking into account all those that form part of it.

  3. The income provided for in article 100.3 of the LIS when the sum of their amounts is less than 15 percent of the total income obtained by the non-resident entity, except for the income referred to in letter g) of the previous section, which will be imputed in its entirety.

  4. The income referred to in article 100.3 of the LIS, when they correspond to non-tax deductible expenses of entities resident in Spanish territory.

  5. The dividends or profit shares in the part that corresponds to the positive income that has been included in the tax base. The same treatment will apply to interim dividends.