Taxation of cooperatives: Cooperatives land are subject to the requirement of documentation of transactions? How Hello everyone
binding
Consultation V1970-10, September 10 2010, responds to the above referred cuestón: agricultural cooperatives are subject to the documentary requirements set out in Article 16 of the text of the Income Tax Act, despite being under Law 20 / 1990, December 19 on Taxation of Cooperatives?
We will answer as a summary. Article 15 of that Law 20/1990 states that the operations conducted by the Cooperative with its partners in the development of its social purposes, is computed by market value (art. 15.1), although when treating of users and consumers cooperatives, housing, agricultural or those which, pursuant to its bylaws, perform services or supplies to its members, shall be counted as price on the fact that he had made , provided no less than the cost of such services and supplies (art. 15.3). Here's variant of market value.
In this case, this rule Special prevails over the general, so that:
"It will apply the provisions of Article 15.3 of Law 20/1990 although, in general, Article 16 requires valuing TRLIS value market all transactions between related parties
(Although, for the purposes of Article 16 of TRLIS, will be considered related parties an unlisted company and its partners when the participation of in society it is less than 5 percent).
IN CONCLUSION: as these operations are valued at the price agreed between the parties, or at cost if lower, and not by market value, shall not be applicable documentation obligations.
Greetings from Granada, Manuel Rejon
