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V0323-15 28 January 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · socimi

10% minimum tax on SOCIMI dividends and EU parent exemption conditions

A consulting firm raises questions about calculating the 10% minimum tax to avoid the 19% special dividend tax, the applicability of the EU parent exemption, and the consequences of asset sales. The DGT clarifies that dividend-related expenses must be considered in the minimum tax calculation, and the EU parent exemption may not apply if a majority of voting rights are held by non-residents, unless valid economic reasons exist.

The question raised

Various issues are raised in relation to Law 11/2009, which are described in the body of the response.

The DGT's ruling

To determine whether the dividend of a SOCIMI is taxed at least 10% at the shareholder level, the effective taxation of the dividend must be considered in isolation, including associated management or financial expenses, but without considering offsets of tax loss carryforwards. For non-resident shareholders, the withholding tax in Spain and the taxation in their country of residence must be added, reduced by deductions or exemptions for international double taxation. If this threshold is met, the SOCIMI does not apply the special 19% tax rate.

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