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Practical Manual of Companies 2020.

Calculation of the taxable base (pages 12 and 13 of Form 200)

To determine the tax base in the liquidation of the Corporate Tax ( box [00552] "Tax Base" on page 13 of form 200), the entities that apply the special regime of the SOCIMI , will take into account the following specialties:

  1. They must complete the corresponding sections on pages 12 and 13 of form 200 until they obtain the amount to be entered in box [00550] "Taxable base before the application of the capitalization and compensation reserve of negative tax bases" on page 13 of said model, in the same way as indicated in Chapter 5 of this Manual for the general corporate tax regime.

    The entity that is in any of the cases referred to in letters a) and c) of article 12.1 of Law 11/2009 and that in the tax period object of declaration must include income or adjustments must proceed in the same way. taxes to which the general regime and tax rate must be applied, for which said entity was taxed before applying the special regime for SOCIMIs.

  2. Regarding the compensation of negative tax bases from previous tax periods, the following must be taken into account:

    1. If the entity has had to include any of the amounts related to letters a) and c) of article 12.1 of Law 11/2009 in the calculation of box [00550] «Tax base before the application of the capitalization reserve and compensation of negative tax bases» on page 13 of model 200, you may offset the negative tax bases from previous years.

      In this case, the amount collected in box [00550] may be reduced by the amount corresponding to the tax bases that were pending compensation at the time the application was started by the entity. of the special tax regime for SOCIMIs. This amount will be entered in box [00547] "Compensation of negative tax bases in previous periods" on page 13 of form 200, taking into account that, from said compensation, a negative amount.

      Furthermore, in these cases in which the entity has had to include any income or tax adjustment of the aforementioned, the amount to be entered in box [00520] «Part of the tax base of the tax period that is taxed at the general rate» on page 14 of form 200, will be the result of subtracting from the amount in box [00550] from that in box [00547 ] for the compensation mentioned in the previous paragraph.

    2. If the entity has not had to integrate income or make adjustments referred to above, related to the tax regime prior to that of the SOCIMI, will not be able to compensate the negative tax bases pending at the time of initiation of application by the entity of the special tax regime for SOCIMIs.

      Therefore, box [00552] “Tax base” will have the same amount as box [00550] “Tax base before of the application of the capitalization reserve and compensation of negative tax bases", and which will be the same amount to be included in box [00521] "Part of the tax base that is taxed at the rate 0% tax» on page 14 of model 200.

    Keep in mind:

    Entities that opt for the special SOCIMI regime that pay taxes at the tax rate of 0 percent, in the event of generating negative tax bases, will not be able to apply the mechanism of compensation of bases provided for in article 26 of the LIS . This prohibition only affects the tax base to which the 0 percent rate applies. That is, in the event that there were positive incomes that were taxed in accordance with the general regime and at the general tax rate, the base compensation mechanism provided for in article 26 of the LIS would apply to said income.

  3. Consequently, the amount to be entered in box [00552] “Tax Base” will be the sum of the amounts entered in boxes [00520] «Part of the tax base of the tax period that is taxed at the general rate» and [00521] «Part of the tax base that is taxed at the general rate 0% tax»