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Practical manual for Income Tax 2024. Part 1

Special case: entities resident in countries or territories classified as non-cooperative jurisdiction

Regulations: Art. 91.12 Law Income Tax

When the participating entity is resident in a country or territory classified as a non-cooperative jurisdiction, it shall be presumed, unless proven otherwise, that the following circumstances occur:

  1. That the taxation of the non-resident entity on the income subject to inclusion is less than 75% of the amount that would have corresponded to the same income by applying the rules of the Spanish Corporate Tax.

  2. That the entity is the producer of the income listed in letters a), b), c), d), e), f) and g), h) and ei) of the heading "Income obtained from entities that carry out economic activities" within the section " Content of the regime and time of imputation ", so they must be understood as imputable.

  3. That the income obtained by the participating entity is 15% of the acquisition value of the participation.

In this regard, see the definition of non-cooperative jurisdiction set out in the First Additional Provision of Law 36/2006, of 29 November, on measures for the prevention of tax fraud, as well as Order HFP /115/2023, of 9 February ( BOE of 10 February), which determines the countries and territories, as well as the harmful tax regimes, which are considered non-cooperative jurisdictions, and which is discussed in " List of countries and territories of non-cooperative jurisdiction " within the section dedicated to the "Imputation of income by partners or participants of collective investment institutions established in countries or territories classified as non-cooperative jurisdictions" in this Chapter.