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Practical Handbook for Companies 2021

Scope

Regulation: Article 100.1 LIS

The international tax transparency regime will apply to corporate income taxpayers provided that the following circumstances are met:

  1. of the capital, equity, results or voting rights at the date of the close of the financial year of a non-resident entity in Spanish territory.The holding shall be computed on its own or jointly with related persons or entities within the meaning of Article 18 of the LIS.

    The amount of the positive income to be attributed shall be determined in proportion to the share in the results, and, failing this, in proportion to the share in the capital, equity or voting rights.

  2. The amount paid by the non-resident entity in Spanish territory in respect of the income to be included in the tax base for a tax identical or analogous to corporation tax is less than 75 per cent of the amount that would have been payable in Spanish territory.

    This imputation shall also apply when such income is obtained through a permanent establishment if the circumstance provided for in Article 100.1 b) of the LIS applies, without the exemption of income obtained abroad through a permanent establishment provided for in Article 22 of the LIS being applicable in this case.

Pursuant to Article 100.15 of the LIS, this special regime shall not apply when the non-resident entity or permanent establishment is resident or located in another Member State of the European Union or which is part of the European Economic Area Agreement, provided that the taxpayer proves that it carries out economic activities or is a collective investment undertaking regulated by Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities, other than those provided for in Article 54 of this Law, incorporated and domiciled in a Member State of the European Union.