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V2353-16 27 May 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · resultados cooperativos

Sale of assets linked to cooperative activity deemed extra-cooperative income

A cooperative has requested clarification on whether income derived from the transfer of assets linked to its activity can be classified as cooperative income. The Directorate General for Taxes (DGT) has ruled that, because the transfer is made to a non-member third party, it constitutes extra-cooperative income.

The question raised

1. Whether the income generated by reason of the transfer of elements directly linked to the cooperative activity can be considered a cooperative result.

The DGT's ruling

The results arising from the transfer of asset items to a third party who is not a member of the cooperative are considered extra-cooperative results. Therefore, the tax benefits for cooperative results provided in Law 20/1990 do not apply to them, but rather the general tax rate of the Corporate Income Tax. The possibility of reinvestment provided for in the Law on Cooperatives does not change this classification, but only affects the obligation to report in the annual accounts.

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