Form 115

Form 115 must be submitted (box 702 “Registration” on Form 036 and box 722 “Date”) , with the corresponding amount entered by the withholding agents and those required to make payments on account who satisfy the income or returns subject to withholding or payment on account arising from the leasing or subleasing of urban properties, except for income derived from the subleasing of urban properties received by taxpayers of the Personal Income Tax that are considered income from movable capital, in which case the subjects required to withhold or make payments on account must submit the specific form approved for this purpose.

Example: Company that carries out part of its activity in premises (urban property) rented by a company resident in Spain, paying the agreed annual monetary rent in the last month of each year, proceeding to make the corresponding withholding on account of Corporation Tax and paying it through form 115 of the fourth quarter of the year. Will the entity be required to submit the census modification declaration each year and resubmit it in the opposite direction with effect from the last quarter of the year? Each time the consulting entity must modify any of the data recorded in the registration declaration, such as whether or not it is required to submit Form 115, it must notify the tax authorities by means of a census modification declaration. (Binding consultation DGT V0824-06)