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Practical Manual for Companies 2022.

Specialities in the settlement of Corporation Tax (pages 13 and 14 of form 200)

1. Adjustments arising from the application of the special system (page 13 of form 200)

In relation to the imputation of positive income obtained by one or more entities not resident in Spanish territory or by a permanent establishment, provided that the factual assumptions contemplated in article 100 of the LIS, occur, the following adjustments must be made in boxes [00387] and [00388] "International tax transparency" on page 13 of form 200:

  • In box [00387] taxpayers must record the amount of positive income obtained by one or more entities not resident in Spanish territory or by a permanent establishment that they impute to their tax base, in accordance with the rules established in article 100 of the LIS.

  • In box [00388] taxpayers must include the amount of dividends or profit shares, in the part that corresponds to the positive income that has been included in the tax base.

    They must also include in this box the amount of distributed dividends that correspond to income included in the tax base in a previous tax period.

2. Deductions from the total amount (page 14 of form 200)

Entities that apply the special regime of international tax transparency and have imputed in their tax base the positive income of one or more entities not resident in Spanish territory or of a permanent establishment, may deduct from their full quota, the following amounts established in article 100.10 of the LIS (see section Deductions from the full quota ).

  1. Taxes or levies of nature identical or analogous to Corporate Tax, actually paid, in the part that corresponds to the positive income imputed in the taxable base.

    The taxes actually paid include those paid by both the non-resident entity and its subsidiaries with at least 5 percent of their holdings.

  2. The i tax or levy actually paid abroad due to the distribution of dividends or shares in profits, in the part that corresponds to the positive income previously included in the tax base.

The amount of these deductions will be recorded in box [00575] "International tax transparency (art. 100.10 LIS)" on page 14 of form 200.

Keep in mind:

  • These deductions will be applied even when the taxes correspond to different tax periods from the one in which the imputation was made.

    no circumstances will taxes paid in countries or territories classified as non-cooperative jurisdictions be deducted.

    The sum of the deductions included in letters a) and b) of article 100.10 of the LIS, may not exceed of the total amount that would have to be paid in Spain for the positive income included in the tax base.

  • For tax periods beginning on or after 1 January 2016, section 2 of the Fifteenth Additional Provision of the LIS establishes that taxpayers whose net turnover is at least 20 million euros during the 12 months prior to the date on which the tax period begins, must take into account that the amount of the deductions to avoid international double taxation provided for in articles 31, 32 and 100.10 of the LIS, as well as that of those deductions to avoid double taxation referred to in the twenty-third transitional provision of this Law, may not jointly exceed 50 percent of the taxpayer's full quota.

Completing the table “Net turnover for the twelve months prior to the start date of the tax period” (page 1 of form 200)

Information on the net amount of turnover for the twelve months prior to the start date of the tax period must be included on page 1 of Form 200, for the purposes of determining the application of minimum taxation (Article 30 bis LIS) and the limit established in the Fifteenth Additional Provision of the LIS.

The option marked by the taxpayer will also be taken into account to determine the limits in the calculation of the accounting corrections derived from the application of article 11.12 of the LIS, the compensation of negative tax bases and the compensation of quotas for losses of cooperatives, so once the table on page 1 of form 200 has been completed, it will not be displayed again on other screens.

3. Informational specialties (page 25 of form 200)

  1. On page 25 of Form 200, entities that apply the special regime of international tax transparency must detail the following data for each non-resident entity for which they have included positive income in their tax base:

    • Name or Social reason.

    • Registered office.

    • Country/territory key. The country/territory code will be entered as the two-letter code from the list of country or territory codes contained in Annex II of Order EHA /3496/2011, dated December 15 (it is included at the end of Chapter 3 of this Practical Manual).

    • Amount of positive income that must be included in the tax base.

    • List of directors of the non-resident entity and location of their tax domicile.

    In box [00387] "International tax transparency (art. 100 LIS)" the total amount of income that has been included in the tax base by application of the international tax transparency regime will be recorded.

    [00387] = A + B + C + D + E + F

    The amount entered here will be transferred to the box with the same number on page 13 of form 200.

  2. Additionally, entities to which this special regime applies, must submit, together with the declaration for this Tax, the data relating to the entity not resident in Spanish territory referred to in article 100.12 of the LIS (see section Information obligation of the special international transparency regime).

    Regarding the submission of this documentation, see section Documentation to be submitted together with declaration of Chapter 1 of this Practical Manual.