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V1003-24 10 May 2024 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · transparencia fiscal

Dividends from tax transparency regimes or family holding companies are not subject to Personal Income Tax

A query was raised regarding whether profits distributed by a company taxed under tax transparency regimes or family holding companies are exempt from taxation. The Directorate General for Taxes (DGT) ruled that such dividends are not subject to Personal Income Tax (IRPF) for the shareholders, nor are they subject to withholding tax.

The question raised

Question raised: Taxation of the distribution to the taxpayer by the company of the aforementioned profits, the method of accrediting the origin of the distributed profits, and whether the company may opt to distribute reserves generated during the periods in which the company was taxed as a tax transparency company (or as a patrimonial company), regardless of whether there were reserves from previous financial years.

The DGT's ruling

Dividends or profit shares originating from periods in which the entity was taxed under the tax transparency regime or the patrimonial company regime shall not be subject to Personal Income Tax (IRPF) for the partners. These amounts shall not be subject to withholding or payment on account. The company may distribute these reserves regardless of the existence of reserves from previous financial years. The origin of the profits must be proven by means of evidence admitted in Law.

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