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Form 100. Personal Income Tax Declaration 2018 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 investee entity is a resident of countries or territories legally classified 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:


    1. Ownership of real estate and real rights that rest on the same that are not affected by business activities.

    2. Participation in own funds of any type of entity and transfer of own capital to third parties.

    3. Transfer of the 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:

    • When the sum of their amounts is less than 15 percent of the total income or 4 percent of the total income of the non-resident entity (or of all non-resident entities belonging to a group of companies within the meaning of article 42 of the Commercial Code).

    • When they come from entities in which the non-resident entity participates, directly or indirectly, in more than 5%, provided that it 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 at least 85 percent from the exercise of business activities.


    Positive income from business activities will only be imputed in the case of 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 persons or related entities within the meaning of article 16 of the consolidated text of the Corporate Tax Law.

    Furthermore, only the positive income derived from these activities that are carried out with related persons or entities and residents in Spanish territory will be included, as soon as tax-deductible expenses are determined for said resident persons.