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Practical Handbook for Companies 2021

Declaration characters (page 1 of Form 200)

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

  • Box 00012 SOCIMI

    SOCIMIs and entities resident in Spanish territory referred to in Article 2.1 c) of Law 11/2009, of 26 October, which regulates Listed Real Estate Investment Companies, must tick this box, provided that they meet the requirements established in the aforementioned law.

    This box must be ticked both in the tax period in which the entities have opted (by means of the corresponding notification referred to in Article 8.1 of Law 11/2009) to apply the special regime, and in subsequent periods in which they continue to apply the special regime and which end before the renunciation of said regime is notified.

    In the tax period in which opts to apply the special regime for SOCIMIs, these entities must also tick the box [00064] "Régimen fiscal entrada SOCIMI" on page 1 of form 200.

  • Box 00064 SOCIMI entry tax regime

    SOCIMIs and entities resident in Spanish territory referred to in Article 2.1.c) of Law 11/2009, of 26 October, which regulates Listed Public Limited Companies for Investment in the Real Estate Market, should tick this box, provided that they meet the requirements established in said law, in the tax period in which has opted to apply the special tax regime for SOCIMIs provided for in the aforementioned Law 11/2009.

    Companies opting for the application of this special tax regime, which were already taxed under a different regime, must take into account the rules applicable to entry regime to 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 Agency for Tax Administration of the tax domicile of the entity, before the last three months prior to the end of the tax period.Notification made after this deadline will prevent the application of this tax system in that tax period.

    The special tax scheme shall apply in the tax period ending after such notification and in subsequent tax periods ending before the renunciation of the scheme is notified.

  • Box 00057 SOCIMI exit tax regime

    Check this box for those companies that were taxed under the special SOCIMI tax regime and are taxed under a different corporate income 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 is taxed under the tax regime other than that of SOCIMIs, when this transfer is made in periods in which this different regime is applicable, and that according to the provisions of Article 12.2 of Law 11/2009, of 26 October, which regulates listed Public Limited Companies for Investment in the Real Estate Market, must tax in the period being reported the part of this income attributable to the tax periods in which the special SOCIMI regime was applicable.

    Article 12.2 of Law 11/2009 establishes that in the case of companies that were taxed under the SOCIMI tax regime and become taxed under a different regime, the income derived from the transfer of real estate or shares in other entities referred to in Article 2.1 of Law 11/2009 held at the beginning of the tax period in which the company becomes taxed under a different tax regime, carried out in periods in which that different regime is applicable, shall be understood as generated in a linear manner, unless proven otherwise, during the entire time the transferred real estate is held.

    The part of such income attributable to tax periods in which the SOCIMI regime was applicable will be taxed in accordance with the provisions of Law 11/2009.