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V3206-15 21 October 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · consolidación fiscal

An attorney-in-fact may designate the representative entity of a tax group on behalf of a non-resident parent entity

A query is made as to whether the agreement to designate the representative entity of a tax group may be adopted by an attorney-in-fact of the non-resident parent entity without requiring action by its Board of Directors. The DGT responds that this is possible through a duly authorized representative.

The question raised

Question posed: Whether the agreements designating the representative entities of the tax group may be adopted by a valid representative of X whose powers include such authority, without it being necessary for said agreements to be adopted by the Board of Directors of X.

The DGT's ruling

Article 61.2 of the LIS, which requires Board of Directors resolutions, refers to the entities integrating into the tax group and not to the agreement of the non-resident parent entity to designate the representative. Therefore, the designation agreement may be adopted by a duly authorized person or body. These agreements shall be valid provided they are communicated to the Tax Administration by the entities designated as representatives.

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