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Practical Handbook for Companies 2021

Not obliged to declare

1.Entities fully exempt from Article 9.1 of LIS

Regulation: Article 124.2 LIS

The following exempt entities listed in article 9.1 of the LIS are not obliged to declare:

  1. The State, the Autonomous Communities and local authorities.

  2. The autonomous bodies of the State and public law entities of a similar nature of the Autonomous Communities and local entities.

  3. The Banco de España, the Deposit Guarantee Fund for Credit Institutions and the Investment Guarantee Funds.

  4. The Entidades Gestoras y Servicios Comunes de la Seguridad Social.

  5. The Instituto de España and the official Royal Academies integrated in it and the institutions of the Autonomous Communities with their own official language that have similar aims to those of the Royal Spanish Academy.

  6. The public bodies mentioned in the Ninth and Tenth Additional Provisions, section 1, of Law 6/1997, of 14 April, on the Organisation and Functioning of the General State Administration, as well as the public law entities of a similar nature of the Autonomous Communities and local entities.

  7. The State Agencies referred to in the first, second and third Additional Provisions of Law 28/2006, of 18 July, on State Agencies for the improvement of public services, as well as those public bodies that were totally exempt from this Tax and are transformed into State Agencies.

  8. The International Public Oversight Board on auditing standards, professional ethics and related matters.

2.Entities partially exempted from Article 9.3 of the LIS

Regulation: Article 124.3 LIS

The entities that apply the tax regime for partially exempt entities of Chapter XIV of Title VII of the LIS, are not obliged to declare when they meet the following requirements:

  1. their total income does not exceed 75,000 euros a year.

  2. Revenue corresponding to non-exempt income shall not exceed €2,000 per year.

  3. All non-exempt income obtained is subject to withholding.

3.Communities holding the title of communal woodlands

Regulation: Article 112.4 LIS

These communities will not be obliged to file the tax return for corporate income tax in those tax periods in which they do not obtain income subject to corporate income tax, nor incur any expenses, nor make the investments and expenses that entitle them to the reduction in the specific taxable base applicable to these taxpayers.