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Form 100. Personal Income Tax Return Declaration 2017

8.2.3.5. Separation of partners and dissolution of companies

In the event of separation of partners or dissolution of companies, the difference between the value of the liquidation share or the market value of the assets received and the acquisition value of the corresponding title or capital share will be considered capital gain or loss, without prejudice to those corresponding to the company.

Dissolution and liquidation of certain civil companies: Transitional regime (DT 19 Personal Income Tax Law)

Civil companies with a commercial purpose that prior to January 1, 2016 applied the income attribution regime of the Personal Income Tax and that, as of that date, meet the requirements to acquire the status of taxpayer of the Corporate Tax have been offered the possibility, within the deadlines established by the nineteenth transitional provision of the Personal Income Tax Law, to agree to their dissolution and liquidation, applying a special tax regime consisting of the fact that the partners will only be taxed at the time of liquidation when money or credits or a sign representing them are received, deferring the taxation of the remaining assets awarded to the partner to the time they are transferred.