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V2260-24 22 October 2024 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidades sin fines lucrativos

Income from online training activities of a foundation may be exempt from Corporation Tax

A foundation has enquired whether income derived from the execution of training projects (online courses and seminars) to disseminate knowledge about stroke could be exempt from Corporation Tax. The DGT has ruled that, provided these activities are carried out in fulfilment of the foundation's statutory purpose, such income is exempt.

The question raised

1) Whether, in the event that the development and execution of Projects X were transferred to the Association of the Foundation, the income obtained by the latter as a consequence of their execution could be classified as exempt from Corporate Income Tax under Article 7 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage.

The DGT's ruling

Economic activities involving the organization of courses or seminars are exempt from Corporate Income Tax pursuant to Article 7.8 of Law 49/2002. In this instance, the online training activity aimed at disseminating knowledge regarding stroke is considered exempt as it fulfills the foundational purpose of the entity. Furthermore, these exempt revenues allow for compliance with the requirement to allocate at least 70% of income to the entity's purposes.

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