Tax period and accrual of Corporate Tax
1. Tax period
Regulation: Article 27 LIS
a) General rule
The tax period referred to in the Corporate Tax declaration must coincide with the financial year of the entity , and in no case may it exceed twelve months.
Except in cases where a different period is declared, the tax period will be understood to refer to calendar year .
b) Special rules
Even if the fiscal year has not ended, the tax period will end in any case:
When entity becomes extinct .
The extinction of the entity will occur when the cancellation entry is made in the Commercial Registry , and said entity will be obliged to submit the Tax return within the period of 25 calendar days following the six months after making said entry.
When a change of residence takes place from the entity residing in Spanish territory to abroad .
When the transformation of the legal form of the entity occurs and this determines the non-subjection to Corporate Tax of the resulting entity.
When the transformation of the corporate form of the entity occurs, or the modification of its statute or its legal regime , and this determines the modification of its tax rate or the application of a different tax regime .
The length of tax period can be:
Equal to twelve months
- coinciding with the calendar year
- not coinciding with the calendar year
Less than twelve months
In any case, those who pay Corporation Tax must submit a separate tax return for each tax period.
The Joint Stock Company "X", which is dedicated to the marketing of cereals, has established in its statutes the fiscal year that coincides with the calendar year.
With the purpose of adjusting the financial year to the calendar of the cereal marketing campaigns, the General Shareholders' Meeting, validly constituted for this purpose, agrees on April 19, 2021 to modify the financial year of the entity, which will begin on June 1 of each year and will close on May 31 of the following year.
Consequently, on May 31, 2021, the current fiscal year closes (which had begun on the previous January 1), beginning on June 1, 2021, the first of the fiscal years adjusted to the modification agreed upon by the Board. General.
In this case there are two taxation periods, both starting within the same calendar year of 2021:
- From January 1, 2021 to May 31, 2021.
- From June 1, 2021 to May 31, 2022.
Therefore, Joint Stock Company "X" will have to submit two Corporate Tax returns, one for each of the aforementioned tax periods.
Regulation: Article 28 LIS
Corporate Tax accrues on the last day of the tax period.