News published in INFORMA 2017

New features introduced in the INFORMA programme during DECEMBER

A non-profit trading company is an entity that is subject to and not exempt from Corporation Tax, whereby the tax regime for partially exempt entities cannot be applied. Said regime is regulated in chapter XIV, heading VII of the Spanish Corporation Tax Act, and cannot be applied when an entity seeks a profit, in accordance with the provisions of the Amended Text of the Law on Corporations and the Code of Commerce.

In principle, the dissolution of a joint asset does not incur the acquisition of income that is subject to taxation for the co-proprietor. Nevertheless, if there is an overpayment of the awarded amount, this excess will determine the acquisition of an income that will be valued at its market value.

In the event of absorption by a non-resident parent company of its resident subsidiary, the negative tax bases pending offset generated by the latter may be offset at the headquarters of the absorbing company, through its Spanish branch, with the limits and conditions provided for in art. 84.2 and DT 16 LIS.

A civil partnership that merely owns investments in financial instruments is performing an activity that does not have a commercial form. As a result, the partnership does not pay Corporation Tax.

A civil partnership constituted so that its partners can acquire an estate, parcelling it out for the partners' use, is developing an activity that does not have a commercial form, and therefore does not pay Corporation Tax.

Regardless of the agreed price for the transfer of an intangible asset between binding entities, insofar that all requirements established in article 23 of the Spanish Corporation Tax Act have been met, the income derived from the transfer may apply the reduction established in said article, which in this case will be determined taking into account the provisions of article 18 of the aforementioned act for binding transactions.