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V1871-22 8 August 2022 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · valor de mercado

Linked parties must determine market value of loans under LIS article 18

The DGT asks how to value loans from related parties. It states that the valuation method is up to the parties, provided it reflects market value.

The question raised

Question raised

The DGT's ruling

The determination of the market value of the remuneration for loans between related parties must be carried out in accordance with Article 18 of the LIS. It is the responsibility of the related persons and entities to choose the applicable valuation method from those provided for in said article. The Tax Administration retains the power to verify that such valuation respects the arm's length principle.

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