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Practical Manual for Companies 2023.

Scope

Regulation: Article 100.1 LIS

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

  1. That they have a participation equal to or greater than 50 percent of the capital, equity, results or voting rights on the date of the closing of the financial year of an entity not resident in Spanish territory. Participation will be counted alone or jointly with persons or entities linked within the meaning of article 18 of the LIS.

    The amount of positive income to be imputed will be determined in proportion to the participation in the results, and, failing that, in proportion to the participation in the capital, equity or voting rights.

  2. That the amount paid by the entity not resident in Spanish territory, for the income that must be imputed in the tax base, for a tax of an identical or analogous nature to the Corporate Tax, is less than 75 percent of that which would have corresponded in said Spanish territory.

This imputation will also apply when said income is obtained through a permanent establishment if the circumstance provided for in letter b) above occurs without, in this case, the exemption for income obtained abroad through a permanent establishment provided for in article 22 of the LIS being applicable.

Pursuant to the provisions of article 100.15 of the LIS, this special regime will not apply when the non-resident entity or permanent establishment is resident or located in another Member State of the European Union or that is part of the European Economic Area Agreement, provided that the taxpayer proves that it carries out economic activities or is a collective investment institution regulated in Directive 2009/65/ EC of the European Parliament and of the Council, of July 13, 2009, by which the legal, regulatory and administrative provisions are coordinated in relation to certain undertakings for collective investment in transferable securities, other than those provided for in article 54 of this Law, constituted and domiciled in a Member State of the European Union.