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V4690-16 ·4 November 2016 ·consulta-vinculante Medium impact
Tax

Payments to shareholders for equity participation are not deductible for Corporate Tax purposes

A query was raised regarding whether a company can make monthly payments to a shareholder as returns on movable capital and whether such payments are deductible. The DGT ruled that while these constitute returns on movable capital if they meet Personal Income Tax requirements, they are not deductible expenses for the company.

In 5 key points

How it affects those involved

Companies cannot reduce their taxable base by deducting payments made to shareholders that represent a distribution of equity or returns on capital.

Lifecycle

2016-11-04PublishedPublished 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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