Thin Capitalization: An Unanswered Question Following Recent Spanish Amendments

Journal
Luchena Mozo, G.M.
Spain
European Taxation 2012 (Volume 52), No. 8
FormatPDF
EUR
40
| USD
45
(VAT excl.)

The Spanish thin capitalization rule has been the subject of criticism in the past, in particular in recent decisions of the Spanish Supreme Court, in regard to its compatibility with EU and international law. Recently, however, the rule was replaced by an earnings-stripping rule that is similar to the German interest barrier rule. This article examines the former thin capitalization rule, the new earnings-stripping rule, and the consequences of this development.