Related Parties and Control – Article 35 – Corporate Tax Law

Article 35 – Related Parties and Control

1. For the purposes of this Decree-Law, “Related Parties” means any of the following:

1. Two or more natural persons who are related within the fourth degree of kinship or affiliation, including by way of adoption or guardianship.
2. A natural person and a juridical person where:
   1. the natural person or one or more Related Parties of the natural person are shareholders in the juridical person, and the natural person, alone or together with its Related Parties, directly or indirectly owns a 50% (fifty percent) or greater ownership interest in the juridical person; or
   2. the natural person, alone or together with its Related Parties, directly or indirectly Controls the juridical person.
3. Two or more juridical persons where:
   1. one juridical person, alone or together with its Related Parties, directly or indirectly owns a 50% (fifty percent) or greater ownership interest in the other juridical person;
   2. one juridical person, alone or together with its Related Parties, directly or indirectly Controls the other juridical person; or
   3. any Person, alone or together with its Related Parties, directly or indirectly owns a 50% (fifty percent) or greater ownership interest in or Controls such two or more juridical persons;
4. A Person and its Permanent Establishment or Foreign Permanent Establishment.
5. Two or more Persons that are partners in the same Unincorporated Partnership.
6. A Person who is the trustee, founder, settlor or beneficiary of a trust or foundation, and its Related Parties.

2. For the purposes of this Decree-Law, “Control” means the ability of a Person, whether in their own right or by agreement or otherwise to influence another Person, including:

1. The ability to exercise 50% (fifty percent) or more of the voting rights of another Person.
2. The ability to determine the composition of 50% (fifty percent) or more of the Board of directors of another Person.
3. The ability to receive 50% (fifty percent) or more of the profits of another Person.
4. The ability to determine, or exercise significant”