8.1.3.1.2. Income subject to imputation
Only the positive income obtained by the non-resident entity that comes from each of the sources indicated in article 91.2 of the Personal Income Tax Law will be imputed. When the participating entity is a resident of countries or territories classified by regulation as tax havens, it will be presumed, unless proven otherwise, that the income obtained comes from said sources.
In summary, the sources from which the positive income to be imputed must come are:
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INCOME NOT DERIVED FROM BUSINESS ACTIVITIES
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Ownership of real estate and property rights that fall on them not affected by business activities.
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Participation in the equity of any type of entity and transfer of equity to third parties.
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Transfer of assets and rights referred to in the previous letters, which generate capital gains and losses.
The income provided for in this number will not be imputed:
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When the sum of their amounts is less than 15% of the total income or 4% of the total revenue of the non-resident entity (or of the set of non-resident entities belonging to a group of companies within the meaning of Article 42 of the Commercial Code).
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When they come from entities in which the non-resident entity participates, directly or indirectly, in more than 5%, provided that the latter directs and manages the participations through the corresponding organization of material and personal means; and the income of the entities from which the income is obtained comes from at least 85% of business activities.
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INCOME DERIVED FROM BUSINESS ACTIVITIES
Positive income from business activities will only be imputed when it involves credit, financial, insurance and service provision activities (except those directly related to export activities), and provided that the non-resident entity carries out said activities primarily with related persons or entities within the meaning of article 16 of the consolidated text of the Corporate Income Tax Law.
Furthermore, only the positive income derived from these activities carried out with related persons or entities resident in Spanish territory will be included, insofar as they determine tax-deductible expenses for said residents.