Residence in non-cooperative jurisdiction

Regulation: Article 100.13 LIS

Where the investee entity or permanent establishment is located in a country or territory that is classified as a non-cooperative jurisdiction, it shall be presumed that:

1. The circumstance provided for in letter b) of article 100.1 of the LIS is met.

2. The income of the participating entity meets the characteristics of article 100.3 of the LIS.

3. The income obtained by the participating entity is 15 percent of the acquisition value of the participation.

The presumptions contained in the preceding letters will admit proof to the contrary.