Waiver of non-profit status
Non-profit entities that have exercised the option for the tax regime established in Title II of Law 49/2002 may renounce its application. The waiver, as established in article 1.2 of Royal Decree 1270/2003, will take effect from the tax period that begins after its submission , which must be made at least one month before the beginning of the period, through the corresponding census declaration.
Things to keep in mind :
The waiver of the tax regime of Title II of Law 49/2002 will be made effective by marking the box [135] on page 1 and the boxes [652] and [654] on page 6 of form 036.
In the Corporate Tax return , non-profit entities that have renounced the application of said regime will stop marking the box [00001] "Non-profit entity covered by tax regime Title II Law 49/2002" on page 1 of form 200, starting from the tax period that begins after the filing of the census return.
Non-profit entities that waive the application of the tax regime established in Title II of Law 49/2002, will apply the regime of partially exempt entities of article 9.3 of the LIS regulated in Chapter XIV of Title VII of the LIS , being obliged to declare all of their income, exempt and non-exempt, except when they meet the requirements of article 124.3 of the LIS, in which case they are not obliged to declare.
Things to keep in mind :
When these entities renounce the application of the tax regime established in Title II of Law 49/2002, starting from the tax period that begins after the presentation of the census declaration of renunciation, they must mark the box [00002] "Partially exempt entity" on page 1 of form 200, instead of box [00001] "Non-profit entity subject to the tax regime of Title II of Law 49/2002".