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V3384-14 26 December 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · entidades vinculadas

Unlinked entity transactions are exempt from linked transactions regulations

The DGT clarifies that linkage depends on ownership share and that profit allocation in EIEs follows the proportion set out in the constitutive deed.

The question raised

Described in the body of the response.

The DGT's ruling

Entities are not considered related parties if they do not meet the assumptions of Article 16.3 of the TRLIS, such as the minimum required participation. In AIEs, the allocation of results to partners is carried out according to the proportion in the deed of incorporation or capital variations, regardless of the existence of a share premium. The requirement to maintain investments does not affect associated expenses. The creation of intangible assets for the reduction under Article 23 of the TRLIS is understood to be performed by the transferor if they assume at least 25% of the risks and benefits, even if the activity is subcontracted.

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