European economic interest groupings

Article 44 of the LIS regulates the special tax regime applicable to European Economic Interest Groupings regulated by Regulation ( EEC ) No 2137/85 of the Council of 25 July 1985, which establishes that only companies and other public or private entities established in accordance with the legislation of a Member State, which have their statutory or legal headquarters and their central administration in the Community, may be members of a European Economic Interest Grouping.

Likewise, where, under the legislation of a Member State, a company or other legal entity is not required to have a statutory or legal seat, it will be sufficient for it to be considered a European Economic Interest Grouping if this company or legal entity has its central administration in the Community.

Natural persons engaged in industrial, commercial, artisanal, agricultural, professional or other service activities in the Community may also be members of a European economic interest grouping.

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 Grouping and the special tax regime for the imputation of income to partners established in article 44 of the LIS would not apply to it.