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V1041-26 12 May 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · exención de dividendos

Dividends from a resident subsidiary may be exempt under corporate tax if conditions met

A parent company asked whether dividends received from its 100% owned resident subsidiary are tax-exempt. The DGT states they may be exempt if the requirements of capital participation and temporality under the law are satisfied.

The question raised

Question posed: Whether the exemption provided for in Article 21.1 of the LIS is applicable.

The DGT's ruling

Dividends from resident entities may be exempt if the holding is at least 5% and is held uninterruptedly during the year preceding the date on which the profit becomes due. In this case, as the subsidiary is a resident, it is not necessary to analyze foreign tax. The exempt amount shall be reduced by 5% for management expenses.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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