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Practical Handbook for Companies 2021

Deductions from the full amount payable

Regulation:Article 100.10 LIS

They will be deductible of the full tax liability:

  1. The taxes or levies of an identical or analogous nature to corporation tax, effectively paid, in the part corresponding to the positive income imputed to the tax base.

    The taxes effectively paid include those paid by both the non-resident entity and its investees by at least 5 per cent.

  2. The tax or levy effectively paid abroad due to the distribution of dividends or shares in profits, in the part corresponding to the positive income previously included in the taxable base.

    When the participation in the non-resident entity is indirect through another non-resident entity or entities, will deduct the tax or levy of an identical or analogous nature to corporation tax actually paid by the former in the part corresponding to the positive income previously imputed in the taxable base.

    These deductions shall be made even if the taxes relate to tax periods other than the one in which the allocation was made.

    Taxes or levies paid in countries or territories that qualify as non-cooperative jurisdictions are not deductible.

    The sum of the deductions referred to in letters a) and b) above, may not exceed of the gross tax payable in Spain on the positive income included in the tax base.

Filling in form 200

The amount of these deductions should be entered in box [00575] "International tax transparency (art. 100.10 LIS)" on page 14 of form 200 (see below in the section on filling in form 200 in the international tax transparency regime, point "Deductions in the gross tax liability (page 14 of form 200)").