How the DGT's position has evolved
Current position
The international double taxation deduction is limited to the lesser of two amounts: the actual amount paid abroad for a tax of an identical or analogous nature, or the result of applying the effective average tax rate to the portion of the taxable base taxed abroad. In the scope of Corporate Income Tax (IS), the excess non-deductible tax in the tax liability is only a deductible expense if it corresponds to the performance of economic activities in the source State.
The DGT's position remains constant in defining the calculation of the deduction for natural persons, applying the effective average rate limit. However, the doctrine has clarified the limitation of deductible expenses for companies, conditioning the deductibility of the excess tax on the existence of real economic activity abroad.
Turning points
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Establishes that the excess tax withheld over what is stipulated in the Convention is not deductible and that the portion not deducted in the tax liability is only a deductible expense if economic activity exists abroad.
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Reiterates that the lack of personnel or fixed establishments in the source State prevents the excess tax from being considered a deductible expense due to the non-performance of economic activity there.
Analysis based on 39 of 42 rulings with a stated position. Updated 20 August 2026.