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V3529-15 17 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · valor de mercado

Agreed value in professional partner services may constitute market value if specific requirements are met

A financial advisory firm has enquired whether it can apply an agreed value as the market value when providing services through a professional partner who is a natural person. The DGT clarifies that this scenario does not apply to profit distributions between related companies and details the requirements for the agreed value to be considered valid.

The question raised

Question raised 1) Whether the provisions of Article 18.6 of Law 27/2014, of November 27, on Corporate Income Tax, would be applicable.

The DGT's ruling

Article 18.6 of the LIS allows the agreed value to be considered market value in services provided by a professional partner (natural person) to a related entity. To this end, more than 75% of the entity's income must derive from professional activities, the remuneration of the professional partners must be at least 75% of the result prior to its deduction, and each remuneration must be based on written criteria and not be less than 1.5 times the average salary of analogous employees (or 5 times the IPREM if none exist).

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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