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A French resident enquires about the taxation of the sale of a 45% share in a Spanish company. The DGT determines that, as it is a substantial share, the gain is taxable in Spain pursuant to the double taxation treaty with France.
Question raised. The following is stated in summary:
According to the Spain-France Convention, gains from the disposal of a substantial holding in a company resident in Spain may be taxed in Spain. As 45% of the capital is held, it is considered a substantial holding. The gain shall be taxed under the Non-Resident Income Tax without exemptions. The tax accrues when the change in assets occurs, without the possibility of proportional imputation in transactions with deferred payment.
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