10.2.3 Increase due to non-compliance with the requirements for Listed Real Estate Investment Companies (SOCIMI)

Companies that apply and/or have applied the special tax regime for SOCIMI and have failed to comply with the 3-year permanence period referred to in article 3.3 of Law 11/2009, of October 26, which regulates Listed Public Limited Companies for Investment in the Real Estate Market, in accordance with the provisions of article 9.1 of Law 11/2009, must include in the codes [00633] and [00642] "Increase for non-compliance with SOCIMI requirements" (in the event that it pays taxes exclusively to the State or to one or more of the regional tax authorities, respectively) on page 14bis of form 200, the full quotas and, where applicable, other amounts, resulting from taxing the income generated on the occasion of the transfer of real estate and shares in accordance with the general regime of the Corporate Tax in order to proceed with the relevant regularization provided for in article 125.3 of the LIS .

Likewise, companies that have opted to apply the special regime for SOCIMIs in the manner provided for in the first transitional provision of Law 11/2009 and in accordance with which they are taxed under the general regime of Corporate Income Tax, must include in these codes the amount of the difference referred to in the second paragraph of said transitional provision.

In the case of joint taxation, the amounts to be reimbursed in this declaration for the concepts referred to in the previous paragraph and in the proportion corresponding to each Administration will be recorded in codes [00633] and [00642].