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A Spanish company with Swiss shareholders seeks advice on dividend taxation and entity dissolution. The DGT states that dividends may be exempt under certain conditions or subject to a 15% withholding tax, while liquidation gains are not taxable in Spain.
Cuestión planteada
Para los dividendos, si los socios suizos acreditan su residencia y cumplen los requisitos del Convenio, pueden estar exentos; si no, la retención no superará el 15%. En cuanto a la disolución, la renta obtenida se califica como ganancia de capital. Al ser el activo únicamente tesorería, estas ganancias solo pueden someterse a imposición en Suiza y no hay obligación de retener en España.
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