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Practical Manual of Companies 2020.

Refunds derived from Corporation Tax legislation

1. How is it returned?

If from the self-assessment carried out it turns out that the sum of the withholdings, deposits on account and installment payments of the Corporate Tax is greater than the amount resulting from said self-assessment, the taxpayer may request the return of the excess through the corresponding payment or refund document. .

If the refund is appropriate, it will be made by bank transfer to the account that the taxpayer indicates in the deposit or refund document, which may be opened in a credit institution in Spain or in the European Union, in the SEPA zone (Single Euro Payments Area formed by the 28 countries of the EU plus Liechtenstein, Iceland and Norway that form the European Economic Area and San Marino, Switzerland and Monaco) or in the rest of the countries. However, the Tax Administration may authorize said refund by crossed check from the Bank of Spain, when it cannot be made by bank transfer.

When the taxpayer does not have an account opened in any collaborating entity located in Spanish territory , he/she may state this circumstance in a letter addressed to the Delegate of the State Tax Administration Agency that corresponds to his/her tax domicile. , including said writing along with the declaration. In view of the same, and after the pertinent verifications, the Delegate may order the making of the appropriate refund by means of a crossed check from the Bank of Spain. In the case of taxpayers assigned to the Management Units of Large Companies or to the Central Delegation of Large Taxpayers, the letter will be addressed to the head of the Special Delegation of the corresponding State Tax Administration Agency or to the head of the Central Delegation of Large Taxpayers. Taxpayers, respectively.

2. When is it returned?

Regulation: Article 127 LIS

When the sum of the withholdings, deposits on account and installment payments of the Corporate Tax is greater than the amount of the fee resulting from the self-assessment, the Tax Administration will carry out, if applicable, provisional settlement within 6 months following at the end of the period established for the presentation of the declaration.

If the declaration had been submitted after the deadline, the 6 months referred to in the previous paragraph will be counted from the date of its presentation.

When the self-assessment carried out by the taxpayer or, where applicable, the provisional liquidation results in a amount to be returned (in the latter case it will not coincide with the amount self-assessed by the taxpayer), the The Tax Administration will proceed to return said amount ex officio, without prejudice to the practice of subsequent settlements, provisional or definitive, that may be appropriate.

If the provisional liquidation has not been carried out within the period of the aforementioned 6 months , the Tax Administration will proceed to return ex officio the excess of the liquidated quota, without prejudice to the practice of the subsequent provisional or definitive settlements that may be appropriate.

If after the 6-month period the Tax Administration does not order payment of the refund for reasons attributable to it, it must apply the late payment interest regulated in Article 26.6 of Law 58/2003, of December 17, General Tax, from the end of the aforementioned six-month period until the date on which payment of the refund is ordered, without the taxpayer needing to claim it.

Remember:

There are three cases in which late payment interest is not generated in favor of taxpayers :

  • When the payment of R + D + i deductions due to insufficient quota is made by option of article 39.2 of the LIS (boxes [01234], [00083] and [01332] on page 14 bis of model 200).

  • In the payment of deductions for foreign productions of article 39.3 of the LIS (boxes [01200], [01042] and [01333] on page 14 bis of model 200) and,

  • In the credit for conversion of deferred tax assets into credit payable to the Tax Administration regulated in article 130 of the LIS, as established in article 69 of RIS (boxes [00150] , [00120] and [01043] on page 14 bis of model 200).

In these cases, the amount returned for these concepts will not generate late payment interest against taxpayers, regardless of the date on which the refund is made.

3. Waiver of return

In the event that the taxpayer decides to waive the refund resulting from the self-assessment carried out, he or she must check the corresponding box on the deposit or refund document (form 200 or 206).