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Practical Handbook for Companies 2021

Tax regime for entry-exit from the special tax regime

Regulation: Article 12 Law 11/2009

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

They shall act as follows:

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

  • The tax losses pending offset at the time of application of this regime shall be offset against any positive income taxed under the general regime, as established in article 26 of the LIS.

  • The income derived from the transfer of real estate owned prior to the application of this regime, of the holdings in other companies referred to in article 2.1 of Law 11/2009, as well as the rest of the assets, carried out in tax periods in which the SOCIMI regime is applicable, will be understood to have been generated, unless there is proof to the contrary, on a straight-line basis during the time the real estate, holding or other asset element transferred is held.

    The part of such income attributable to previous tax periods will be taxed at the tax rate and under the tax regime prior to the application of the SOCIMI regime.

  • The deductions in the gross tax payable pending application, will be deducted from the gross tax payable that, where applicable, arises from the application of the general system, under the terms established in Title VI of the LIS.

2.Entities that were taxed under the special SOCIMI 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, owned at the beginning of the tax period in which the company becomes taxed under a different tax regime, carried out in tax periods in which that other regime is applicable, shall be deemed to have been generated, unless there is evidence to the contrary, on a straight-line basis throughout the period of ownership of the real estate or shareholding transferred.

As for the part of such income attributable to the tax period in which the SOCIMI regime was applicable, it will be taxed in accordance with the provisions of Law 11/2009.