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V0659-21 22 March 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · disposición transitoria vigésima tercera

Applicability of overpayment deduction on dividends from pre-2015 acquisitions

The consultant asks whether the deduction under DT 23rd of the LIS can be applied to dividends from overpaid acquisition prices of subsidiaries. The DGT confirms it is possible if prior taxation in the transferors is proven and explains how to calculate the deduction based on the type of profit obtained.

The question raised

1. Whether the deduction provided for in section 1 of the twenty-third transitional provision of Law 27/2014, of November 27, on Corporate Income Tax, could be applied to the dividends distributed in the 2015 and 2016 financial years to the consulting entity by its subsidiaries. And whether the application of the said deduction is affected by the fact that the subsidiaries distributing dividends are taxed under the tax consolidation regime together with the consulting entity.

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