Efecto tributario del reparto de dividendos a sociedades tenedoras de acciones cuando el beneficiario efectivo es un residente en Ecuador.

Abstract

One of the business models with greater use today are the shareholding companies. Those companies are having remarkable growth since they allow the decisions and administration of the companies, that are part of the business group to be carried out in a centralized way, following a legal, patrimonial and fiscal planning. This new class of company allows the shareholdings to have greater corporate control, better distribution of operational responsibilities, and show financial strength. Despite presenting all these benefits, the controlled companies are independent to pay the income tax, so it is interesting what is the treatment that the law gives to the dividends that are distributed in favor of the holding. In Ecuador, profits and dividends are considered as income from Ecuadorian sources, and there is an obligation to pay income tax for property held in the capital stock of a company. To avoid a possible double taxation on the same income, the OECD recommends that the appropriate solution is to establish an exemption to the dividend received or to use the tax paid by the company that distributes as a tax credit. Ecuadorian legislation provides both suggestions, although it excluded the application of the exemption for companies whose effective beneficiary is a person resident in Ecuador, thus affecting the use of local holding companies.