News published in INFORMA 2018

New features introduced in the INFORMA programme in JANUARY

If each of the requirements established in article 87.1c) of the Spanish Corporation Tax Act (hereinafter, LIS) is met, the transfer of shares or shareholder stakes by Personal Income Taxpayers will be considered a non-monetary contribution under the terms of article 87 of the LIS.

For companies that provide professional services related to design and publicity, and which do not show that they are subject to Act 2/2007, of 15 March, on professional companies, their economic activity is not excluded from the commercial sphere, and they are subject to Corporation Tax.

Insofar that tips received by Gambling Casinos are considered countable income, they must be incorporated into the gross tax base of Corporation Tax, under the terms established in article 11 of the LIS. If the payment of employees from the tip pool is not derived from the contract entered in to between the employee and the Gambling Casino, said expense will be considered a discretional gift, and will not be tax deductible in accordance with the indications of article 15.e) of the LIS.