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Question Does Spanish CFC rule apply if I go offshore in Dubai to setup a digital agency with a local partner?

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jamescameron

New member
I'm a Spanish Resident (not a Spanish national) who would like to setup shop in Dubai to offer digital services together with a partner who is a resident of the UAE (non Emirati national).

The goal is to offer digital services predominantly to UAE / KSA companies, but not limited - we might sell in the EU too.

I will be actively involved in the business as I will help develop the tech and sell it. My partner, instead, will solely take care of sales and customer service.

I'm not planning to pay myself a salary from the company, but rather collect yearly dividends that I'd ideally keep in a Dubai bank account - or I can transfer my dividends out to Spain and pay my 24% capital gain tax.

The Spanish CFC rule seems to focus on passive income generating activities. Also, I'm not sure if PE will apply to me since my local partner is key to the business and he's rightfully based in Dubai.

Are the Spanish authorities going after me to enforce CFC?
 
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