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V0611-14 ·6 March 2014 ·consulta-vinculante Medium impact
Tax

A capital reduction does not require reversing the Art. 12.5 TRLIS deduction if the shareholding percentage is maintained

The applicant asks whether a capital reduction in a foreign subsidiary necessitates the reversal of tax deductions applied under Article 12.5 of the TRLIS. The DGT rules that no reversal is required if the shareholding percentage remains unchanged, but reversal is mandatory if the reduction alters said percentage.

In 6 key points

How it affects those involved

This ruling provides legal certainty for multinational groups regarding capital restructuring, clarifying that the continuity of the tax benefit depends on the maintenance of the ownership ratio rather than the absolute value of the investment.

Lifecycle

2014-03-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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