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Practical Manual for Companies 2020.

Specialities in the settlement of Corporation Tax (pages 13 and 23 of form 200)

1. Adjustments arising from the application of the special system (page 13 of form 200)

Casillas [00379] and [00380] "Valuation of assets and rights. Special regime for restructuring operations (Chapter VII of Title VII LIS )»

Entities that have opted to apply the special regime regulated in Chapter VII of Title VII of the LIS must record in these boxes on page 13 of form 200 the corrections to the accounting result that, in accordance with the provisions of the aforementioned regulations, arise in the performance of the aforementioned operations.

Remember:

It will be understood that the operations regulated in Chapter VII of Title VII of the LIS apply the regime established therein, unless otherwise expressly indicated through the communication regulated in the second paragraph of article 89.1 of the LIS.

2. Informative data (page 23 of form 200)

Entities that apply this special regime and that, therefore, have previously marked box [00035] on page 1 of form 200, must enter in section "Merger, spin-off, exchange of securities, transfer of assets and liabilities (Law 8/2012) and restructuring (special regime)" on page 23 of said form, the following data:

  1. In the boxes relating to "Type of operation to which the option refers" you must reflect the nature of the corporate operation in respect of which the option has been made.

    For this purpose, the corresponding letter will be recorded, among the following:

    • Fusion: A
    • Cleavage: B
    • Exchange of securities: C
    • Transfer of assets and liabilities: D
    • Restructuring: E
    • Address change: F

  2. In the boxes corresponding to "Transferring entity" , if applicable, the tax identification number (NIF) and the corporate name of the entity that has transferred its corporate assets due to the merger or demerger to which the special regime applies, in accordance with the provisions of articles 76 and 77 of the LIS, shall be entered.

    If it is a securities exchange transaction, the NIF and the corporate name of the partner of the participating entity whose securities are being exchanged will be recorded, in accordance with the provisions of articles 76 and 80 of the LIS.

    In the case of transfers of the business or of assets or liabilities carried out by credit institutions regulated in the Eighth Additional Provision of the LIS, the NIF and the corporate name of the credit institution that carried out the transfer will be recorded.

  3. In the boxes corresponding to "Acquiring entity" , if applicable, the NIF and the corporate name of the entity, new or existing, that has acquired the corresponding corporate assets due to the merger or demerger to which the special regime applies, in accordance with the provisions of articles 76 and 77 of the LIS, shall be entered.

    If it is a securities exchange transaction, the NIF and the corporate name of the entity that acquires a stake in the share capital of another entity that allows it to obtain the majority of the voting rights in it will be recorded, in accordance with the provisions of articles 76 and 80 of the LIS.

    In the case of transfers of the business or assets or liabilities made by credit institutions regulated in the Eighth Additional Provision of the LIS, the NIF and the corporate name of the credit institution that has acquired the business or the assets or liabilities will be recorded.

  4. In the box corresponding to "Date of registration of corporate resolutions in the Commercial Registry", the date on which the corporate resolutions approving the execution of the merger, spin-off or securities exchange operations to which the special regime applies were registered in the Commercial Registry will be entered.

  5. In the box corresponding to "Date of communication of the operation", the date on which the tax authorities are informed in accordance with the terms established in article 89 of the LIS, of the execution of the merger, spin-off or exchange of securities operations to which the special regime applies.

  6. In the boxes corresponding to "Value of shares delivered" and "Value of shares received" , the value of the shares or other securities delivered and the shares or other securities received as a result of the operation subject to the special regime shall be recorded, respectively, determining both in accordance with the rules of the LIS.

  7. In the boxes corresponding to "Amount of income not included in the declarant's tax base" the amount of income generated for the declarant in the merger, spin-off or securities exchange operation that is not included in its tax base because it has been subject to the special regime will be recorded.

In the event that several operations have to be declared, the necessary blocks on this page will be filled in, as well as, where applicable, the necessary copies of this page.