Skip to content
Back to index
V1717-15 1 June 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · deducción por inversión de beneficios

Dividend distribution and profit reinvestment tax relief are compatible if mandatory reserves are met

A company enquired whether it could distribute part of its profits as dividends while simultaneously claiming the profit reinvestment tax relief under Article 37 of the TRLIS. The DGT ruled that this is permissible provided that the undistributed profits are sufficient to fund the investment reserve required by law.

The question raised

Question posed: Whether the distribution of a portion of the profit via dividends is compatible with the deduction for investment of profits corresponding to the remainder of the result for the financial year, pursuant to Article 37 of the TRLIS.

The DGT's ruling

The entity may apply the deduction if the undistributed profits are sufficient to provide for the investment reserve in the amount of the deduction base. The reserve must be provided for using the profits of the financial year in which the investment is made. It is not necessary for the reserve to cover the entirety of the entity's profits, but only the deduction base.

Email
Contact