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V0047-26 13 January 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · préstamo participativo

Interests of a participative loan between non-group companies are income for lender and deductible expenses for borrower

A company (X) granted capital to another (Y) via a participative loan whose interest depends on the profit from the sale of plots. The DGT examines whether these interests constitute remuneration of own funds or can be deducted as financial expenses.

The question raised

Taxation of interest at the level of entity X and Y.

The DGT's ruling

If the entities do not form part of a group pursuant to Article 42 of the Commercial Code, the interest on the participating loan constitutes financial income for the lending entity, to be recognized in accordance with accounting regulations. For the borrowing entity, such interest constitutes deductible financial expenses provided that the general requirements are met and the 30% limit of operating profit established in Article 16 of the Corporate Income Tax Act is respected.

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