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A Spanish limited company (SL) that has received a loan from a US entity requests information to ensure compliance with Spanish law. The DGT provides a general response outlining the formal tax obligations set out in Article 29 of the General Tax Law (tax registration, tax identification number, tax returns and self-assessments, maintenance of accounting books, issuance of invoices, and cooperation with tax inspections), noting that the entity will be subject to Corporate Tax and VAT. The DGT does not analyse the specific tax treatment of the loan received or the implications of its cross-border nature.
Cuestión planteada Se solicita información para “cumplir las leyes españolas”
Las personas o entidades que desarrollen actividades empresariales o profesionales en España deben realizar su alta en el Censo de Empresarios, Profesionales y Retenedores mediante declaraciones censales. Asimismo, las personas jurídicas residentes deben cumplir con las obligaciones tributarias formales establecidas en la Ley General Tributaria, como la presentación de declaraciones, la llevanza de libros contables y la expedición de facturas.
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