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Last verified: 19 October 2026. Every fact links to its official source.
Contents
What the law is and who it reaches
Law 526 of 2026, published in Official Gazette 30534-B, adds to the Fiscal Code a chapter of economic substance rules for certain foreign-source passive income. It starts from territoriality: that income is not treated as taxable if the entity shows it meets the chapter’s conditions (article 707-A).
Two requirements set the scope. The entity must belong to a multinational group, meaning two or more entities linked by ownership or control and tax resident in different jurisdictions. And it must earn one of the six types of income in article 707-C: dividends, interest, royalties, capital gains, income from real estate capital and other income from movable capital. Executive Decree 32 of September 2, 2026 defines an entity as any legal vehicle, including corporations, limited liability companies, trusts and foundations. The text has no list of relevant activities: the test is the type of income.
Decision tree: is the company affected?
| Step | Question | If yes | If no |
|---|---|---|---|
| 1 | Is it incorporated or domiciled in Panama? | Go to step 2. | The chapter regulates Panamanian entities; it does not reach it. |
| 2 | Does it belong to a multinational group (article 707-B)? | Go to step 3. | The text applies to group members; the company falls outside its scope. |
| 3 | Does it earn any of the six types of foreign-source passive income (article 707-C)? | Go to step 4. | There is no income on which to show substance. |
| 4 | Is it a supervised financial entity, non-captive insurer, securities intermediary or fund manager, or in the merchant marine? | The exclusions in articles 707-M to 707-Ñ apply, with proof to the Ministry of Economy and Finance (MEF). | Go to step 5. |
| 5 | Is its main activity holding shares or real estate, on a non-habitual basis and without substantial commercial or investment activity? | It only has to show staff and premises, plus reporting (decree, article 8). | It must show the three conditions of article 707-E. |
What must be shown and what happens if not
Article 707-E sets three conditions, measured by the scale and complexity of the activity:
- Staff and premises: paid, qualified staff in Panama and adequate premises. The decree sets a minimum of one person employed or contracted and accepts owned, rented or shared offices, documented.
- Decisions and risks: strategic decisions and risks in Panama. The decree asks for a board with at least two in-person meetings in the country per fiscal period, with minutes kept here.
- Operating expenses: costs in Panama other than salaries and premises, tied to the assets that generate the income.
Staff, premises and expenses can be outsourced if the provider operates in Panama (article 707-G); the board’s functions cannot be delegated. The entity becomes non-qualified (article 707-F) if it does not report in its income tax return, does not meet the conditions, reports only partly or files false data. It then pays a single, final rate of 15% on net taxable income, with documented costs and expenses deductible, plus the fines, surcharges and interest of the Fiscal Code (article 707-D).
Calendar of dates and obligations
| Date | Event | Source |
|---|---|---|
| May 28, 2026 | Law 526 is published. | Gazette 30534-B |
| September 2, 2026 | Executive Decree 32 is published. | Gazette 30603-B |
| October 9, 2026 | The Council of the EU removes Panama from Annex I. | Council of the EU |
| January 1, 2027 | Start of the fiscal period from which law and decree apply. | Decree, article 20 |
| First quarter of 2027 | In-depth Global Forum review planned for Panama. | Council of the EU |
The substance information goes in the annual income tax return, within the Fiscal Code deadlines; the exact date is worth confirming with the Dirección General de Ingresos.
What to document, beneficial owner and resident agent
The decree requires keeping all supporting documentation in Panama for five years and presenting it in Spanish (articles 10 and 19). The income tax return describes staff, premises, outsourcing, decisions and expenses (article 9).
- Map the group and the Panamanian entities in it.
- Classify the income by type and by entity.
- Review the exclusions and the case of holding shares or real estate.
- Cover the three conditions with staff, board and expenses in Panama.
- Organize the records: minutes, contracts, invoices and payroll, in Spanish.
- Report in the income tax return with the detail of article 9.
Substance is a regime separate from the beneficial owner and from accounting. According to the guide of the Superintendency of Non-Financial Subjects, lawyers acting as resident agents enter legal entities and their beneficial owners in the single register, and the registration manual describes the unique code each agent obtains. Law 52 of 2016 requires legal entities with no operations in Panama to keep accounting records for at least five years. Meeting one does not replace the others; more in the guides on the beneficial owner, the resident agent and the annual single fee.
What changed with the exit from EU Annex I
On October 9, 2026, EU finance ministers removed Panama from Annex I, the list of non-cooperative jurisdictions, according to the EU Delegation to Panama. The notice ties the change to reforms that include economic substance requirements and adds that member states’ defensive measures are lifted.
The Council conclusions show an Annex I of eight jurisdictions, without Panama, and place Panama in Annex II, awaiting an in-depth Global Forum review of information exchange. The Code of Conduct Group report explains that the reform of the foreign-source income exemption regime and its decree were found consistent with the criterion on harmful regimes, and that the review is planned for the first quarter of 2027. Leaving the list does not remove the local obligation, which applies from 2027.
Myths and facts
- Myth: every offshore company must show substance from 2027. Fact: the law reaches multinational group entities with foreign-source passive income.
- Myth: without an office of its own, compliance is impossible. Fact: the decree accepts rented or shared premises.
- Myth: a resident agent is enough as substance. Fact: the law asks for staff, a board, decisions and spending; the agent meets obligations under another regime.
- Myth: with the exit from the EU list, nothing is pending. Fact: Panama is in Annex II and the law applies from the 2027 fiscal period.
Anyone who manages a Panamanian offshore company and needs to review its structure can turn to a law firm. On its service page, Legal Solutions Panamá describes remote incorporation of offshore companies, with legal support and guidance on corporate documents and bank account opening.
Frequently asked questions
What is Panama’s economic substance law?
It is Law 526 of May 28, 2026, which sets economic substance rules for certain foreign-source passive income.
Who does the economic substance law apply to?
It applies to entities incorporated or domiciled in Panama that belong to a multinational group and earn foreign-source dividends, interest, royalties, capital gains or income from real estate or movable capital. There are exclusions for the supervised financial sector and the merchant marine.
When does the economic substance law take effect?
It applies from the 2027 fiscal period, under article 6 of the law. The implementing decree applies from the fiscal period beginning on or after January 1, 2027.
What happens if a company does not comply?
It is treated as a non-qualified entity and its foreign-source passive income pays a single, final rate of 15% on net taxable income, plus any fines, surcharges and interest that apply.
Is an offshore company with no activity affected?
The law reaches multinational group entities with foreign-source passive income; a company with no group and no such income falls outside its scope, though it remains subject to Law 52 of 2016 on accounting records. Each structure needs its own analysis, and this guide does not replace the advice of a qualified lawyer in Panama.
Related articles
- Panama as an Offshore Jurisdiction: What Still Holds and What Does Not
- How to set up an offshore company in Panama: requirements, steps and obligations
- Beneficial Owner in Panama: What Is Declared and Who Files It
- Resident Agent in Panama: What It Does, the Law and How to Choose
- Annual Single Fee for Panama Companies: Who Pays and When It Is Due
Sources
- Law 526 of May 28, 2026, Official Gazette 30534-B.
- Executive Decree 32 of September 2, 2026, Official Gazette 30603-B.
- EU Delegation to Panama, removal of Panama from Annex I.
- Council of the EU, conclusions of October 9, 2026, document 13854/26.
- Council of the EU, Code of Conduct Group report, document 13306/26.
- Law 52 of October 27, 2016, Official Gazette 28149-B.
- SSNF, frequently asked questions on the beneficial owner register.
- SSNF, resident agent registration manual.
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