Issues to take into account when settling the Tax in 2023
We inform you of the main news for the 2023 Companies Campaign.
Income not subject to withholding
With effect from April 25, 2023, article 7 of Royal Decree 249/2023, of April 4, modifies article 61 of Royal Decree 634/2015, of April 10 July, which approves the Corporate Tax Regulation (RIS) to establish the exclusion of withholding on income from the reimbursement or transfer of participations or shares in listed investment funds or companies to institutions of equivalent collective investment in other States , regardless of the market in which they are listed.
In this sense, letter y) of article 61 of the Corporate Tax Regulations is modified, establishing that there will be no obligation to withhold or deposit on account with respect to the income derived from the reimbursement or transmission of units or shares issued by the following collective investment institutions:
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Listed funds and listed variable capital investment companies regulated by article 79 of the Regulations for the development of Law 35/2003, of November 4, on collective investment institutions, approved by the Royal Decree 1082/2012, of July 13.
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Collective investment institutions established abroad analogous to those mentioned in the previous number and different from those provided for in article 54 of the Tax Law, whether listed on a regulated market or in a multilateral trading system, whatever the composition of the index that they reproduce, replicate or take as a reference, provided, furthermore, that the redemption or transmission is not carried out in a market located in a country or territory considered a non-cooperative jurisdiction.