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The General Directorate of Taxes (DGT) analyzes, in its consultation number V, of April , , the issue raised in which the dominant parent company of a group of entities covered by the fiscal consolidation regime of the Corporate Tax (IS ) holds percent of two companies and percent of a third. Index What is the approach of the studied query? What is the criterion applied by the DGT? In conclusion… You want to know more? What is the approach of the studied query? The query thus raised is based on the determination of the following elements: Whether the distribution of percent of dividends by the dominated entities must be taxed in the group's consolidated declaration.

Whether the distribution of dividends would be exempt in its entirety. Whether or not it is appropriate Asia Mobile Number List to withhold withholding on the distributed dividend and whether it would be applied to percent of the dividend or to its entirety. What is the criterion applied by the DGT? In relation to the first question raised, the advisory body points out that the amount of dividends received will be reduced in this case, for the purposes of applying the exemption , by percent, in respect of management expenses of the corresponding shares. In this way, according to the provisions of article of Law /, of November , on Corporate Tax (LIS), the requirements for its application are met.



Furthermore, in this case the circumstances included in section of the aforementioned article that would exclude the percent exemption for management expenses do not exist. In this sense it is not true that dividends : They are received by an entity whose net turnover in the previous period is less than million euros. They come from an entity established after January , in which it holds, directly and since its constitution, all of the capital or own funds. They are collected in the tax periods that end in the years immediately following the year of incorporation of the entity that distributes them.

For its part, there will be no obligation to withhold with respect to the dividends referred to in section of article of the LIS, so, if the requirements are met, the dividends will not be subject to withholding . In conclusion… To the extent that the requirements are met to apply the exemption to dividends in accordance with the LIS, and to apply the percent reduction in management expenses, the elimination of the amount deducted for determining the base is not applicable. individual taxable amount of the tax group.
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