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A Spanish entity has enquired whether the sale of its shares in a Dutch company may be exempt from Corporate Income Tax. The DGT indicates that this is possible provided the minimum shareholding percentage and foreign taxation requirements are satisfied.
Cuestión planteada Si el porcentaje de participación que la entidad consultante mantiene en el capital social de la entidad P del 5,37% cumple con el requisito establecido en el artículo 21.1.a) de la LIS, relativo al porcentaje de participación mínimo del 5% en el capital social o fondos propios de la entidad transmitida.
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