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V1789-18 ·20 June 2018 ·consulta-vinculante Medium impact
Tax

Foundation ineligible for Law 49/2002 regime; donation does not entitle to tax deduction

A company inquired whether its foundation could apply the non-profit entity regime and if donations for a 'Social Bonus' scheme allowed for tax deductions. The DGT ruled that the foundation fails to meet accountability requirements and that the donation is not unconditional.

In 6 key points

How it affects those involved

This ruling limits the ability of foundations to access tax benefits under Law 49/2002 if they fail to meet strict transparency and accountability standards, and clarifies that conditional donations do not qualify for tax relief.

Lifecycle

2018-06-20PublishedPublished 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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