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V3448-15 11 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · fondo de capital riesgo europeo

A European Venture Capital Fund is a corporate tax payer if it has Spanish fiscal residence

The DGT confirms that a European Venture Capital Fund (FCRE) is subject to Corporate Tax if it has fiscal residence in Spain and may apply the special regime if applicable under Law 22/2014.

The question raised

Whether said Venture Capital Fund is considered a Corporate Income Tax taxpayer and has the right to the application of the special tax regime provided for in Chapter IV of Title VII of the LIS.

The DGT's ruling

The VCF shall be a Corporate Income Tax taxpayer provided that it has its residence in Spanish territory pursuant to Article 8 of the LIS. Likewise, it may benefit from the special regime of Article 50 of the LIS to the extent that Law 22/2014 is applicable to it.

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