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V1751-16 20 April 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · préstamo participativo

Interests of a modified participative loan not considered remuneration of own funds

The consultant asks whether interest on a participative loan after a modifying novation is deductible without the limitations under article 15.a) of the LIS. The DGT responds that, as it is a modifying novation and not an extinguishing one, the limitation on expenses for remuneration of own funds does not apply.

The question raised

Whether the interest accrued following the modificatory novation of the participating loan granted by its parent company to the taxpayer shall be tax deductible in its Corporate Income Tax, without the application of the limitations regulated in Article 15, letter a) of Law 27/2014.

The DGT's ruling

If the modification of the loan constitutes a modificatory novation, the limitation set forth in Article 15(a) of the LIS regarding the remuneration of equity does not apply. This is due to the fact that the original obligation survives with its essential nature. Nevertheless, the principal and interest must be valued in accordance with Article 18 of the LIS.

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