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A Spanish company has requested a ruling on whether the sale of its shares in a Dutch entity is exempt from Corporate Income Tax. The DGT has ruled that the exemption applies provided that the minimum participation percentage and foreign taxation requirements are met.
Cuestión planteada Si el porcentaje de participación que la entidad consultante mantiene en el capital social de la entidad P del 7,94% 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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