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A taxpayer asks whether their share in a US LLC should be included in the foreign assets declaration. The DGT determines that, as the LLC has legal personality, the share constitutes a value that must be declared and valued according to the Wealth Tax rules.
Question raised 1st.- Classification of the participation for the purposes of the informative return on assets and rights located abroad.
La participación en una LLC con personalidad jurídica propia se considera un valor o derecho representativo de la participación en una entidad jurídica según el RGAT. Para su valoración, se aplicarán las reglas del artículo 16.Uno de la LIP para entidades no negociadas en mercados organizados. Si el balance no está auditado con informe favorable, se usará el mayor valor entre el valor nominal, el valor teórico del último balance o la capitalización del 20% del promedio de beneficios de los tres ejercicios anteriores.
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