Organisations in the income allocation scheme that are subject to Corporation Tax

With effect from 1 January 2022, the second Final Provision of Royal Decree Law 18/2022, modifies section 2 of article 6 of Law 27/2014, of 27 November, on Corporate Tax, in such a way that entities under the income attribution regime will not pay Corporate Tax, with the exception of those to which section 12 of article 15 bis of Law 27/2014, of 27 November, on Corporate Tax, applies.

In this way, through the modification of Law 27/2014, on Corporate Tax, the mandate of article 9 bis of Directive ( EU ) 2016/1164 is incorporated into the articles of said Law with the purpose that certain entities under the income attribution regime located in Spanish territory do not give rise to a hybrid asymmetry, to this end these entities become taxpayers of Corporate Tax when the conditions are met and with respect to certain income that they could generate. a hybrid asymmetry with third countries. Taking into account the above, the entity under the income attribution regime that gives rise to the aforementioned hybrid asymmetry is obliged to comply with the accounting and registration obligations that correspond to the method of determining its income, including those that are taxed according to this Tax.