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V2417-15 30 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · doble imposición internacional

Deduction for international double taxation possible if conditions met

A Spanish architectural consultancy asks whether it can claim the international double taxation deduction for income earned in Morocco. The DGT states that the deduction may be claimed for the lower of the two amounts provided by law, provided the foreign tax is of identical or analogous nature to the Corporate Income Tax.

The question raised

Question raised: Possibility of applying the deduction to avoid international double taxation under Article 31 of the recast text of the Corporate Income Tax Law.

The DGT's ruling

To apply the deduction provided for in Article 31 of the TRLIS, the foreign income must be included in the taxable base and must have been taxed by a tax of an identical or analogous nature to the Corporate Income Tax. The deductible amount shall be the lesser of: the tax actually paid abroad or the full tax liability that would correspond in Spain for such income. If a double taxation treaty exists, the deduction may not exceed the tax corresponding to said treaty.

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