Skip to content
Back to index
V1083-16 17 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidad dominante

A Luxembourg SICAR cannot be a controlling entity in a Spanish fiscal group without majority voting rights

A Luxembourg-based investment capital company asks whether it can be the controlling entity in a Spanish fiscal group. The DGT responds that it cannot, as it does not hold a majority of voting rights in the companies it invests in.

The question raised

Question raised as to whether the applicant entity holds the status of parent entity of a tax group for the purposes of applying the tax consolidation regime provided for in the Corporate Income Tax Law.

The DGT's ruling

To be the parent entity of a tax group, the entity must hold at least 75% of the capital and the majority of the voting rights of the subsidiary entities. As the applicant does not hold the majority of the voting rights, it does not meet the requirements of Article 58 of the LIS.

Free assessment and quote