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V2037-23 12 July 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · filpe

A European Long-Term Investment Fund (FILPE) established in Spain is a corporate tax payer

The DGT confirms that a European Long-Term Investment Fund (FILPE) established in Spain with a legal structure of a fund is subject to corporate tax if it has fiscal residence in Spain under the LIS.

The question raised

Whether a UCITS incorporated in Spain, with the legal form of a fund and with tax residence in said territory, is considered a taxpayer for Corporate Income Tax purposes.

The DGT's ruling

The UCITS regulated by Regulation (EU) 2015/760 are included within the other closed-ended collective investment entities of Law 22/2014. Being taxpayers of Corporate Income Tax pursuant to Article 7 of the LIS, the UCITS shall have such status provided that it has its residence in Spanish territory in accordance with Article 8 of the same law.

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