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V1069-15 8 April 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · consolidación fiscal

Tax consolidation groups with credit institutions may retain their regime in 2015

The DGT confirms that fiscal consolidation groups comprising credit institutions and other entities may continue applying the regime in 2015 without new agreements, provided the dominant entity remains a Spanish resident or becomes a non-resident, with specific conditions outlined.

The question raised

Whether tax consolidation groups that had been applying said regime during 2014, comprising both credit institutions and other types of entities, will continue from January 1, 2015, applying the tax consolidation regime within the same group, in accordance with the rules contained in Chapter VI of Title VII of the Corporate Income Tax Law, without the need to adopt any agreement, except for the agreements that entities joining the group from said date may have to adopt, where applicable, upon meeting the requirements for such.

The DGT's ruling

Tax consolidation groups existing in 2014 may continue to apply the regime in 2015 without new agreements if the parent entity remains a resident in Spain, except for new subsidiary entities that must adopt agreements. If the parent entity becomes a non-resident, the group is not dissolved and the same group number is maintained, whereby the non-resident parent entity must designate a representative entity by written notice to the Administration.

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