Declaration characters (page 1 of Form 200)

Firstly, entities that apply the special regime provided for in Law 11/2009, of October 26, which regulates Listed Investment Companies in the Real Estate Market, must check one of the following boxes on the page 1 of model 200:

• Box 00012 SOCIMI

  SOCIMIs and entities resident in Spanish territory referred to in article 2.1 c) of Law 11/2009, of October 26, which regulates Listed Investment Companies in the Real Estate Market, must check this box. , as long as they meet the requirements established in said standard.

  This box must be checked both in the tax period in which the entities have chosen (through the corresponding communication referred to in article 8.1 of Law 11/2009) to apply the special regime, and in the subsequent periods in which continue to apply the special regime and conclude before the renunciation of said regime is communicated.

  In the tax period in which the choice is made to apply the special regime for REITs, said entities must also check the box [ 00064] “SOCIMI entry tax regime” on page 1 of form 200.

• Box 00064 SOCIMI entry tax regime

  SOCIMIs and entities resident in Spanish territory referred to in article 2.1.c) of Law 11/2009, of October 26, which regulates listed public investment companies in the market, must check this box. Real Estate, provided they meet the requirements established in said regulation, in the tax period in which have chosen to apply the special tax regime for SOCIMIs provided for in the aforementioned Law 11/2009.

  Companies that opt for the application of this special tax regime, which are paying taxes under another different regime, must take into account the rules applicable to the entry regime to the special regime. provided for in article 12 of Law 11/2009.

  As established in article 8.1 of Law 11/2009 , the option for applying the special regime must be adopted by the general meeting of shareholders and must communicate to the Delegation of the State Tax Administration Agency of the tax domicile of the entity, before the last three months prior to the conclusion of the tax period . Communication made outside this period will prevent the application of this tax regime in said tax period.

  The special tax regime will be applied in the tax period that ends after said communication and in the subsequent ones that end before the renunciation of the regime is communicated.

• Box 00057 SOCIMI exit tax regime

  This box will be marked by those entities that were paying taxes under the special tax regime for SOCIMIs and become taxed under a different Corporate Tax regime, and that have obtained income derived from the transfer of real estate. or of shares in other entities owned at the beginning of the tax period in which the company becomes taxed under the tax regime other than that of SOCIMIs, when this transfer is carried out in periods in which that different regime is applicable, and that according to the provisions in article 12.2 of Law 11/2009, of October 26, which regulates listed Public Limited Investment Companies in the Real Estate Market, must tax in the period subject to declaration, the part of said income attributable to the periods tax situations in which the special SOCIMI regime was applicable.

  Article 12.2 of Law 11/2009 establishes that in the case of companies that were paying taxes under the SOCIMI tax regime and become taxed under another different regime, the income derived from the transfer of real estate or participations in other entities referred to in article 2.1 of Law 11/2009 held at the beginning of the tax period in which the company becomes taxed under another different tax regime, carried out in periods in which it is applicable That other different regime will be understood to be generated in a linear manner, unless proven otherwise, during the entire ownership period of the transferred property.

  The part of said income attributable to tax periods in which the SOCIMI regime was applicable will be taxed in accordance with the provisions of Law 11/2009.