Reforzamos nuestra posición en el mercado nacional con la fusión de Audalia Nexia
¡Conoce más!
Beweging zakenmensen edited

Changes in the interpretation of income imputation offences

Baker Tilly Apr 1, 2024

We have collected the updated interpretations of the TEAC and the Audiencia Nacional.

The Central Economic-Administrative Court (Resolution 10039/2022 of 10/30/2023) modified its criterion in relation to the interpretation of the infringement for incorrectly or not allocating taxable income or results to partners or members by entities under the income imputation regime.

 Previously, in a resolution of the TEAC dated January 23, 2023, this Court held that this infringement was not applicable when the adjustment consisted of correcting the taxable income of the Temporary Joint Venture (UTE), which had been incorrectly calculated in its self-assessment. This was due to the fact that the unlawful behaviour occurred when the UTE determined the taxable base, but not when it imputed this base to its partners.

 However, a resolution of the Audiencia Nacional of April 26, 2023, rectified this criterion, aligning it with that which the TEAC had already applied in previous resolutions. Both bodies agree that the General Tax Law specifically authorizes the sanctioning of conduct carried out by entities that impute income to their members. The latter, who simply declare the imputed income, cannot be sanctioned. 

With this broader interpretation, all cases are included in which the UTE has incorrectly imputed a taxable income, either by an incorrect percentage or by calculating a lower taxable income and assigning it to its partners.

Do you have any question?
Baker Tilly International
43,000
Staff
$5.2 bn
Turnover
658
Offices
141
Territories

Related content

Insights Tax and Legal
Paula Franco Silva • Nov 21, 2024
Insights Labour 
Cristina Muñoz • Nov 20, 2024
Insights Tax and Legal
Marcela González • Nov 19, 2024
Insights Tax and Legal
Marcela González • Nov 19, 2024
Insights Tax and Legal
Marcela González • Nov 19, 2024
Insights Tax and Legal
Marcela González • Nov 19, 2024
Insights Tax and Legal
Marcela González • Nov 19, 2024
Insights Tax and Legal
Marcela González • Nov 19, 2024
Baker Tilly newsletter
Find out about the latest developments that could affect your business
Subscribe here