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Practical Handbook for Companies 2021

Allocation criteria

Regulation: Article 46 LIS

Entities that apply this special regime must make the allocations referred to in the previous sections to the persons or entities that hold the economic rights inherent to the status of partner or member company on the day of the conclusion of the tax period of the entity subject to this regime, in the proportion resulting from the statutes of the entity.

Regarding the moment of imputation a distinction must be made:

  • If the partners are also subject to this special regime, the allocation will be made on the date of the end of the tax period of the entity in which they participate.

  • In all other cases, the allocation will be made in the following tax period, unless it is decided to do so continuously on the same date as the end of the tax period of the entity subject to this regime.

    The option shall be expressed in the first tax return in which it is to take effect, which shall be maintained for three years.

    Remember:

    The members of Spanish or European economic interest groupings or temporary joint ventures must declare this option by ticking box [00016] "Option art. 46.2 LIS" on page 1 of form 200.