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A query was raised regarding whether a non-resident entity can act as the parent company in a tax consolidation group. The DGT ruled that this is not possible because the entity is not subject to, nor does it file returns for, a tax identical or analogous to the Spanish Corporate Tax.
Cuestión planteada Si la entidad A puede tener la consideración de sociedad dominante del grupo de consolidación fiscal.
Para ser entidad dominante, la sociedad debe estar sujeta y no exenta a un Impuesto sobre Sociedades o a un impuesto idéntico o análogo al español, sin residir en un paraíso fiscal. En este caso, la entidad no cumple el requisito al no tributar ni presentar declaración por el Impuesto sobre la Renta de Abu Dhabi.
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