18.104.22.168. Dividends and other income derived from participation in the own funds of entities
Income obtained from participation in the own funds of any type of entity will be included in this section.
The following returns, monetary or in kind, are included within this category:
Dividends, meeting attendance bonuses and participation in the profits of any type of entity.
Income from any class of assets, except the delivery of released shares, which, statutorily or by decision of the corporate bodies, entitles to participate in the profits, sales, operations, income or similar concepts of an entity for reasons other than the remuneration of personal work.
Income derived from the constitution or transfer of rights or powers of use or enjoyment, whatever their name or nature, on the securities or shares that represent the participation in the entity's own funds.
Any other profit, other than the above, from an entity due to its status as partner, shareholder, associate or participant.
The distribution of the issuance premium for shares or participations and the capital reduction whose purpose is the return of contributions (art. 33.3.a) Law). In these cases, the amount obtained will reduce, until its cancellation, the acquisition value of the affected shares or participations and only the excess that, if applicable, will be taxed as income from movable capital. However, if the capital reduction comes from undistributed profits, the entire amounts received will be taxed as movable capital (section 1 of article 25.1 a), without the excess regime being applicable. For these purposes, capital reductions, whatever their purpose, will be considered to first affect the part of the share capital that does not come from undistributed profits, until their cancellation.
As of September 23, 2010, in cases of capital reduction of variable capital investment companies whose purpose is the return of contributions, the amount of this or the normal value of the goods or rights received, which will be classified as return on movable capital of article 25.1 a) of the Law, with the limit of the highest of the following amounts:
The increase in the net asset value of the shares from their acquisition or subscription until the moment of the reduction of share capital.
When the capital reduction comes from undistributed profits, the amount of said profits. For these purposes, capital reductions, whatever their purpose, will be considered to first affect the part of the share capital that comes from undistributed profits, until their cancellation.
The excess over this limit will reduce the acquisition value of the affected shares until their cancellation. In turn, the excess that may result will be integrated as income from the capital from the participation in the equity of any type of entity, in the manner provided for the distribution of the share premium.
The entire amount obtained from the distribution of the issue premium of shares of variable capital investment companies without the reduction of the acquisition value of the shares provided for in article 25.1 e) of the Law.
The following information will be recorded through a data capture window, which will normally appear in the performance certification provided by the bank depository of the titles:
The full amount received as dividends or participation in profits from any type of entity will be recorded.
If the performance has been received in kind, the market value of the goods or services received must be computed as full income. The payment on account will be added to this value, unless its amount has been passed on to the recipient of the income.
This section will include withholdings made or payments on account made on dividends and other participations in the profits of entities. The program transfers these amounts to box 0597 on page 17 of the declaration.
ADMINISTRATION EXPENSES AND DEPOSIT OF NEGOTIABLE SECURITIES (art. 25.1.a) Law)
To determine the net return, only the administration and deposit expenses of negotiable securities will be deducted from the full returns.
For these purposes, administration and deposit expenses are considered to be those amounts passed on by investment services companies, credit institutions or other financial entities that, in accordance with Law 24/1988, of July 28, on the Securities Market , have the purpose of remunerating the benefit derived from the performance on behalf of their holders of the deposit service of securities represented in the form of securities or the administration of securities represented in book entries.
The amounts that represent the consideration for discretionary and individualized management of investment portfolios, where there is a disposition of the investments made on behalf of the holders in accordance with the mandates conferred by them, will not be deductible.