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A housing cooperative has requested clarification on whether it is linked to a commercial company managing its projects. The DGT ruled that a link exists if the common shareholder holds at least a 25% stake in the share capital or equity of both entities.
Cuestión planteada Si ambas entidades estarían vinculadas a los efectos del artículo 18 de la LIS.
Las entidades se consideran vinculadas según el artículo 18.2.g) de la LIS si los mismos socios participan, directa o indirectamente, en al menos el 25 por ciento del capital social o los fondos propios de ambas. En este caso, la vinculación depende de que la persona física A tenga dicha participación mínima en la mercantil y en la cooperativa.
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