Obligation to declare by those obliged to withhold

Regulations: Article 31.5 Law IRNR ; Article 15 Regulation IRNR ; Articles 2, 8 and Sole Additional Provision Order EHA /3290/2008, of November 6, approving models 216 and 296

In general, the withholding agent must file a declaration and, where applicable, make the corresponding payment using Form 216.

In cases exempted from the obligation to withhold, the withholding agent, except in exceptional cases, will be required to submit a negative declaration using Form 216.

You are also required to submit an annual summary, form 296.

However, the withholdings corresponding to income derived from transfers and reimbursements of shares or units representing the capital or assets of collective investment institutions (for example, investment funds) will be entered using form 117, and will be included in the annual information declaration 187.

Furthermore, the Bank of Spain and the registered entities referred to in the regulations on economic transactions with foreign countries that have non-resident accounts opened in Spain are required to submit Form 291 “Informative declaration of non-resident accounts”, in order to provide the tax authorities with information relating to them.