Refunds derived from Corporation Tax legislation

1. How do I return?

If the self-assessment carried out shows that the sum of the withholdings, payments on account and fractional payments of Corporate Tax is greater than the amount resulting from said self-assessment, the taxpayer may request a refund of the excess through the corresponding payment or refund document (form 200 or 206).

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 authorities may authorise the refund to be made by means of a crossed cheque from the Bank of Spain, when it cannot be made by bank transfer.

When the taxpayer does not have an open account in any collaborating entity located in Spanish territory , he may state this circumstance in a letter addressed to the Delegate of the State Tax Administration Agency that corresponds to his tax domicile, including said letter along with the declaration. In view of this, and after the relevant checks have been made, the Delegate may order the appropriate refund to be made by means of a crossed cheque from the Bank of Spain. In the case of taxpayers assigned to the Large Business Management Units or the Central Delegation for Large Taxpayers, the letter will be addressed to the head of the Special Delegation of the State Tax Administration Agency that corresponds or to the head of the Central Delegation for Large Taxpayers, respectively.

2. When is it returned?

Regulation: Article 127 LIS

When the sum of the withholdings, payments on account and fractional payments of Corporate Tax is greater than the amount of the fee resulting from the self-assessment, the tax authorities will, if applicable, carry out a provisional settlement within 6 months following end of the period established for filing the declaration.

If the declaration has been submitted late, the 6 months referred to in the previous paragraph will be computed from the date of submission.

When the self-assessment made by the taxpayer or, where applicable, the provisional settlement results in a amount to be refunded (in the latter case, it will not coincide with the amount self-assessed by the taxpayer), the tax authorities will proceed to refund said amount ex officio, without prejudice to the practice of subsequent settlements, provisional or definitive, as appropriate.

If the provisional settlement has not been carried out within the 6-month period referred to above, the tax authorities will proceed to automatically return the excess of the settled quota, without prejudice to the practice of subsequent provisional or definitive settlements that may be appropriate.

If after the 6-month period the tax authority does not order payment of the refund for reasons attributable to it, it must apply to the amount pending refund, the late payment interest regulated in article 26.6 of Law 58/2003, of December 17, General Tax Law, 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 is made due to insufficient quota by option of article 39.2 of the LIS (boxes [01234], [00083] and [01332] on page 14 bis of form 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 form 200) and,
In the payment for conversion of deferred tax assets into a payable credit against the Tax Authority regulated in article 130 of the LIS, as established in article 69 of RIS (boxes [00150], [00120] and [01043] on page 14 bis of form 200).

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

3. Waiver of return

If the taxpayer decides to waive the refund resulting from the self-assessment made, he/she must check the corresponding box on the payment or refund document (form 200 or 206).