B Law & Tax
01 September 2023

Tax advisor: Can the interest deductible in Corporate Tax on loans from partners be valued through the internal comparable chosen in accordance with article 16 of the previous Consolidated Text of Corporate Tax Act?

The settlement agreement in question dealt with the regularization of personnel expenses and financial expenses, triggering an administrative challenge due to the deduction of interest related to an internal loan. The central question that raises an appealable interest focuses on two essential aspects. Firstly, it is a question of determining whether the remuneration received by the administrators, when not supported by the articles of association, is effectively deductible as an expense; it is also a question of whether the principle of correlation between income and expenses can invalidate the classification of a salary expense as a non-deductible donation in any case.

In addition, the focus is on the feasibility of valuing the interest associated with an internal loan as deductible expenses, making use of the methodology contemplated in article 16 of the previous Consolidated Text of Corporate Income Tax Act. In this sense, the relevance and adequacy of such approach in terms of motivation and comparability is raised. Consequently, the judgment emanating from this situation should clarify, confirm or even revise the currently established jurisprudential panorama.

B Law & Tax International Tax & Legal Advisors.

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