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2021 Corporation Tax practical guide.

Tax regime for the transfer to exit of the special tax regime

Regulation: Article 12 Act 11/2009

1. Entities that are paying tax on a different tax regime, and opt for the application of the special regime of SOCIMIs

They must act as follows:

  • The tax adjustments pending reversal in the taxable base at the time of application of this regime will be integrated in accordance with the general regime and the general tax rate of the Corporation Tax.

  • The negative taxable bases that are pending compensation at the time of application of this regime will be offset by the positive incomes that, if applicable, are taxed under the general regime, under the terms established in article 26 of the Spanish Corporation Tax Act.

  • The income derived from the transfer of real estate owned before the application of this regime, of the holdings in other companies to as referred to in Article 2,1 of Act 11/2009, as well as the rest of the assets, carried out in tax periods in which the SOCIMIs regime is applicable. it shall be understood that it is generated, unless proven otherwise, on a straight-line basis during the time of holding the property, participation or other element of the transferred asset.

    As for the portion of this income attributable to the previous tax periods, it will be taxed by applying the tax rate and the tax regime prior to the application of the SOCIMIs regime.

  • Deductions in the full amount pending application will be deducted from the full amount that, if applicable, is applied by the general regime, under the terms established in Title VI of the Spanish Corporation Tax Act.

2. Entities that are taxed under the SOCIMIs special regime and are taxed under another different regime

The income derived from the transfer of real estate or holdings in other entities referred to in Article 2,1 of Act 11/2009 , owned at the start of the tax period in which the company becomes taxed under another different tax regime, carried out in tax periods in which this other regime applies, it will be understood that it is generated, unless proven otherwise, on a straight-line basis throughout the time of ownership of the property or transferred share.

As for the portion of this income attributable to the tax period in which the SOCIMIs regime was applied, it will be taxed as set out in Act 11/2009.