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Economic Activities Manual. Fiscal duties of employers and resident professionals in Spanish territory

Introduction

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:

  • Before starting an economic activity:

    • Individuals, legal entities and other entities must submit a census declaration, forms 036 or 037 .

    • 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.

  • During the development of economic activity:

    • Natural persons and certain entities without legal personality , file and pay Personal Income Tax (IRPF), split payments and annual declaration.

    • Legal entities resident in Spanish territory, present and pay taxes on Corporate Tax (IS), fractional payments and annual declaration.

    • The corresponding Value Added Tax (VAT) declarations must also be submitted.

    • 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.).

  • At the end of the activity:

    • When the activity has ceased, the census declaration of activity termination, model 036/037, must be submitted.

    • 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.

Summary of tax obligations for carrying out economic activities

Individuals

Legal persons

Entities without legal personality

Before starting the activity

Census declaration (high): model 036/037

Request NIF . Legal persons and entities: model 036. Physical persons: model 030

Yeah

Yeah

Yeah

During the activity

Census declaration (modification): model 036/037

Yeah

Yeah

Yeah

IAE : Model 840, 848

Yeah

in certain cases
(see chapter 2)

Yeah

in certain cases
(see chapter 2)

Income Tax : Model D-100, 130, 131

Yeah

Yeah

(Income attribution regime)

Withholdings: Model 111, 190 (when they have workers under their charge)

Yeah

Yeah

Yeah

IS : Model 202, 222, 200, 220

Yeah

Yeah

VAT : Model 303, 390

Yeah

Yeah

Yeah

Annual declaration of operations with third parties: Model 347

Yeah

Yeah

Yeah

After the activity

Census declaration (low): model 036/037

Yeah

Yeah

Yeah

IAE : Model 840

Yeah

Yeah

Summary of formal obligations for individuals
 

BUSINESSMEN

PROFESSIONALS

ACCOUNTING OBLIGATIONS

Normal direct assessment

Simplified direct assessment

Objective estimate
(modules)

Normal and simplified direct estimation

Accounting adjusted to the Commercial Code and the General Accounting Plan

Yeah

In commercial activities

Yeah

In commercial activities

OPTIONAL

Yeah

In commercial activities

OPTIONAL

REGISTRATION BOOKS IRPF

Normal direct assessment

Simplified direct assessment

Objective estimate
(modules)

Normal direct assessment

Sales and income record book

Yeah

Yeah

Yeah

(if net return is calculated by trading volume)

Income record book

Yeah

Book record of purchases and expenses

Yeah

Yeah

Expense record book

Yeah

Capital goods record book.

Yeah

Yeah

Yeah

(if amortizations are made)

Yeah

Record book of provisions of funds and supplies

Yeah

 

BUSINESSMEN

PROFESSIONALS

REGISTRATION BOOKS VAT

General scheme

Simplified system

Surcharge equivalence

REAG and P

General scheme

Issued invoices record book

Yeah

Yeah

Received invoices record book

Yeah

Yeah

Yeah

(for activities in other regimes)

Yeah

(for activities in other regimes)

Yeah

Capital goods record book.

Yeah

Yeah

Certain intra-community operations

Yeah

Yeah

Operations log book in REAG and P

Yeah

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 .

Summary of formal obligations in entities

LEGAL ENTITIES AND
ENTITIES WITHOUT LEGAL ENTITY

ACCOUNTING OBLIGATIONS

Accounting adjusted to the Commercial Code and the General Accounting Plan

Yeah

(in commercial activities)

ACCOUNTING AND CORPORATE BOOKS

Book of inventories and annual accounts

Yeah

Diary book

Yeah

Minute book

Yeah

Book of registered shares

(public limited companies and limited partnerships)

Yeah

Register of partners (limited companies)

Yeah

REGISTRATION BOOKS VAT

Issued invoices record book

Yeah

Received invoices record book

Yeah

Capital goods record book.

Yeah

Certain intra-community operations

Yeah

The following sections contain the most general aspects of the different tax obligations. For further details, consult the corresponding regulations.