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V1827-24 ·31 July 2024 ·consulta-vinculante Medium impact
Tax

Luxembourgish SCSp classified as rent attribution entity; CDI ES-Lux and ES-EEUU apply with maximum 10% retention

A Spanish company pays interest to a Luxembourgish SCSp whose shareholders include two Luxembourgish legal persons and one US resident. The DGT classifies the SCSp as a rent attribution entity. Luxembourgish shareholders who prove residence and effective beneficiary status apply the CDI ES-Lux with a maximum retention of 10% and may benefit from article 14.1.c TRLIRNR exemption if resident in the EU. The US shareholder may qualify for exemption in Spain if demonstrating effective beneficiary status and is taxed on interest in the US under CDI ES-EEUU.

In 6 key points

How it affects those involved

The classification of the SCSp as a rent attribution entity affects interest taxation, with specific CDI rules applying based on shareholder status and residence. Maximum retention of 10% applies to Luxembourgish shareholders, while US shareholders may benefit from exemption under certain conditions.

Lifecycle

2024-07-31PublishedPublished 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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