European economic interest groupings
Article 44 of the LIS regulates the special tax regime applicable to European Economic Interest Groups regulated by Regulation ( EEC ) No. 2137/85 of the Council, of July 25, 1985, which establishes that only companies, as well as other public or private law entities constituted in accordance with the legislation of a Member State, that have its statutory or legal headquarters and its central administration in the Community.
Likewise, when in accordance with the legislation of a Member State, a company or other legal entity is not required to have a statutory or legal headquarters, it will be sufficient for it to be considered a European Economic Interest Group if this company or legal entity have its central administration in the Community.
Natural persons who carry out an industrial, commercial, artisanal, agricultural, liberal profession or other service activity in the Community may also be members of a European economic interest group.
Therefore, as of January 1, 2021, this type of joint venture, formed by Spanish and British entities, could not be considered a European Economic Interest Group and the special tax regime for allocating income to partners established would not apply. in article 44 of the LIS.