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V5234-16 12 December 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · exención de dividendos

Dividend and capital gains exemption applicable to Dutch helicopter leasing subsidiaries

A consultancy firm asks whether its Dutch helicopter leasing subsidiaries meet the conditions for dividend and capital gains exemption under Article 21 of the LIS and whether they fall under the international tax transparency regime. The DGT responds that, as these subsidiaries carry out an economic activity using material and human resources, they are not subject to the transparency regime and do meet the exemption criteria.

The question raised

1) Whether the Dutch Subsidiaries engaged in the helicopter leasing activity with the described material and human resources comply with the requirements of Article 21 of Law 27/2014, of November 27, on Corporate Income Tax, and in particular, whether they do not fall among the entities that meet the requirements of Article 100 of the LIS to which the exemption provided for in Article 21 cannot be applied.

The DGT's ruling

The Dutch subsidiaries meet the requirements of Article 21 of the LIS because they carry out an economic activity of acquisition and leasing of aircraft with an organization of material and human resources. As they are not patrimonial entities and hold a stake exceeding 5% for at least one year, the exemption applies. Likewise, for the capital gains from the transfer not to be taxed in Spain, the subsidiaries must meet the requirements of Article 21 during all fiscal years of ownership.

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