Declaration characters (page 1 of Form 200)

Firstly, entities that apply the special regime provided for in Law 11/2009, of October 26, which regulates Listed Public Limited Companies for Investment in the Real Estate Market, must check one of the following boxes on page 1 of form 200:

• Box 00012 SOCIMI

  This box must be checked by SOCIMIs and entities resident in Spanish territory referred to in article 2.1 c) of Law 11/2009, of October 26, regulating Listed Public Limited Companies for Investment in the Real Estate Market, provided that they meet the requirements established in said law.

  This box must be checked both in the tax period in which the entities have opted (through the corresponding communication referred to in article 8.1 of Law 11/2009) to apply the special regime, and in the successive periods in which they continue to apply the special regime and which conclude before the renunciation of said regime is communicated.

  In the tax period in which it is decided to apply the special regime for SOCIMIs, said entities must also check the box [00064] "SOCIMI entry tax regime" on page 1 of form 200.

• Box 00064 SOCIMI entry tax regime

  This box must be checked by SOCIMIs and entities resident in Spanish territory referred to in article 2.1.c) of Law 11/2009, of October 26, regulating Listed Public Limited Companies for Investment in the Real Estate Market, provided that they meet the requirements established in said law, in the tax period in which they have chosen to apply the special tax regime for SOCIMIs provided for in the aforementioned Law 11/2009.

  Companies that choose to apply this special tax regime, which were paying taxes under another different regime, must take into account the rules applicable to the regime for entering the special regime provided for in article 12 of Law 11/2009.

  As established in article 8.1 of Law 11/2009 , the option to apply the special regime must be adopted by the general meeting of shareholders and must be communicated to the Delegation of the State Tax Administration Agency of the tax domicile of the entity, the last three months prior to the conclusion of the tax period. Any communication made outside this period will prevent this tax regime from being applied in said tax period.

  The special tax regime will apply in the tax period that ends after said communication and in the successive periods that end before the renunciation of the regime is communicated.

• Box 00057 SOCIMI exit tax regime

  This box will be checked by those entities that were paying taxes under the special tax regime for SOCIMIs and now pay taxes under a different Corporate Tax regime, and that have obtained income derived from the transfer of real estate or shares in other entities owned at the beginning of the tax period in which the company starts to pay taxes under a tax regime other than that of SOCIMIs, when that transfer is made in periods in which that different regime is applicable, and that according to the provisions of article 12.2 of Law 11/2009, of October 26, which regulates listed Public Limited Companies for Investment in the Real Estate Market, must tax in the period subject to declaration, the part of said income attributable to the tax periods in which the special regime for SOCIMIs was applicable.

  Article 12.2 of Law 11/2009 establishes that in the case of companies that were paying tax under SOCIMI tax regime and now pay tax under a different regime, the income derived from the transfer of real estate or shares in other entities referred to in article of Law 11/2009 held at the beginning of the tax period in which the company now pays tax under a different tax regime, carried out in periods in which that other regime is applicable, will be understood be generated in a linear manner, proven otherwise, throughout the period of ownership of the transferred property.

  The portion of said income attributable to tax periods in which the SOCIMI regime was applied will be taxed as established in Law 11/2009.