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V3567-15 18 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · retorno cooperativo

Surplus grant funds may be distributed to members as cooperative returns

A housing cooperative has enquired whether funds received from a grant can be distributed to its members as a cooperative return. The DGT has indicated that if the grant reduces the cost of the dwellings and these have been transferred to the members, the income shall be considered distributable cooperative profit.

The question raised

1. Whether the consulting cooperative may proceed to distribute to its members the amount received as a cooperative return.

The DGT's ruling

If the subsidy received reduces the cost of the constructed dwellings, the accrued income shall be considered cooperative profit, provided that the dwellings have been transferred to the members. In that case, the surplus may be distributed among the members as a cooperative return. The cooperative must apply the corresponding withholdings, unless the exceptions of Law 20/1990 apply.

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