Introduction
This manual briefly and systematically covers those issues that are relevant to the exercise of an economic activity. These economic activities can be carried out by natural persons , legal persons or by entities without legal personality (among others, unclaimed inheritances and community property).
You can find more information on what is included in this help guide on our website https://sede.agenciatributaria.gob.es and on our telephone services. For further details, please consult the relevant regulations.
Starting an economic, business or professional activity gives rise to a set of state tax obligations. Some must be met before the start of the activity, others must be met during its development and others when the activity ceases.
In general:
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Before starting an economic activity:
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Individuals, legal entities and other entities must submit a census declaration, forms 036 or 037 .
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Legal entities not exempt from paying the IAE must submit form 840 (or the one approved by local entities with delegated census management) after 2 years from the start of the activity, within a period of 1 month.
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During the development of economic activity:
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Natural persons and certain entities without legal personality , file and pay Personal Income Tax (IRPF), split payments and annual declaration.
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Legal entities resident in Spanish territory, present and pay taxes on Corporate Tax (IS), fractional payments and annual declaration.
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The corresponding Value Added Tax (VAT) declarations must also be submitted.
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If applicable, the appropriate information returns must be submitted (for example, form 347 -transactions with third parties-, form 190 - annual declaration of withholdings and payments on account-, etc.).
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At the end of the activity:
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When the activity has ceased, the census declaration of activity termination, model 036/037, must be submitted.
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Taxpayers not exempt from IAE , must submit form 840 (or the one approved by local entities with delegated census management) to declare the cancellation or cessation of the activity they were carrying out.
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Individuals |
Legal persons |
Entities without legal personality | |
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Before starting the activity | |||
Census declaration (high): model 036/037 Request NIF . Legal persons and entities: model 036. Physical persons: model 030 |
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During the activity | |||
Census declaration (modification): model 036/037 |
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IAE : Model 840, 848 |
in certain cases |
in certain cases |
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Income Tax : Model D-100, 130, 131 |
(Income attribution regime) |
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Withholdings: Model 111, 190 (when they have workers under their charge) |
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IS : Model 202, 222, 200, 220 |
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VAT : Model 303, 390 |
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Annual declaration of operations with third parties: Model 347 |
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After the activity | |||
Census declaration (low): model 036/037 |
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IAE : Model 840 |
BUSINESSMEN |
PROFESSIONALS | |||
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ACCOUNTING OBLIGATIONS |
Normal direct assessment |
Simplified direct assessment |
Objective estimate |
Normal and simplified direct estimation |
Accounting adjusted to the Commercial Code and the General Accounting Plan |
In commercial activities |
In commercial activities OPTIONAL |
In commercial activities OPTIONAL |
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REGISTRATION BOOKS IRPF |
Normal direct assessment |
Simplified direct assessment |
Objective estimate |
Normal direct assessment |
Sales and income record book |
(if net return is calculated by trading volume) |
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Income record book |
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Book record of purchases and expenses |
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Expense record book |
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Capital goods record book. |
(if amortizations are made) |
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Record book of provisions of funds and supplies |
BUSINESSMEN |
PROFESSIONALS | ||||
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REGISTRATION BOOKS VAT |
General scheme |
Simplified system |
Surcharge equivalence |
REAG and P |
General scheme |
Issued invoices record book |
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Received invoices record book |
(for activities in other regimes) |
(for activities in other regimes) |
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Capital goods record book. |
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Certain intra-community operations |
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Operations log book in REAG and P |
The VAT record books can be compatible with the IRPF ones by adding the necessary data. Carrying them together does not entail having to comply with additional requirements to those required if they are carried separately. The Tax Agency provides you with a standardised format for keeping records together.
Link to the registration book models for VAT and Personal Income Tax
In addition, depending on the tax regime, there are the following specific record books: Special register of used goods, works of art, antiques and collector's items and Register of operations included in the special regimes applicable to telecommunications, radio or television broadcasting services and those provided electronically.
civil companies that have a commercial purpose pay Corporate Tax (IS) for tax periods beginning on or after January 1, 2016.
Entities under income attribution regime that carry out economic activities must keep set mandatory books corresponding to the activity carried out, without prejudice to the attribution of income to their partners heirs, commoners or participants. Those who keep accounting in accordance with the Commercial Code will not be required to keep the Personal Income Tax record books, but they will be required to keep the record books for the purposes of VAT .
LEGAL ENTITIES AND | |
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ACCOUNTING OBLIGATIONS | |
Accounting adjusted to the Commercial Code and the General Accounting Plan |
(in commercial activities) |
ACCOUNTING AND CORPORATE BOOKS | |
Book of inventories and annual accounts |
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Diary book |
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Minute book |
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Book of registered shares (public limited companies and limited partnerships) |
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Register of partners (limited companies) |
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REGISTRATION BOOKS VAT | |
Issued invoices record book |
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Received invoices record book |
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Capital goods record book. |
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Certain intra-community operations |
The following sections contain the most general aspects of the different tax obligations. For further details, consult the corresponding regulations.