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V4079-15 18 December 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · dividendos

Dividends from foreign subsidiaries may be exempt if the requirement of being subject to tax or the existence of a treaty is met

A Spanish company inquires whether dividends from its non-resident subsidiaries are exempt from taxation in Spain pursuant to Article 21 of the LIS. The DGT determines that the exemption applies provided that the requirement of being subject to a foreign tax of 10% is met or that a double taxation treaty with an exchange of information clause exists.

The question raised

Question posed: Whether dividends charged to accumulated reserves that entity S proposes to distribute, with the sole exception of the proportional part of the income obtained by A that would not have been subject to a nominal rate of 10 percent, would be exempt from taxation in Spain, in accordance with the provisions of Article 21.1 of the LIS, upon understanding that all legally established requirements are met.

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