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Practical Handbook for Companies 2021

Rebates applicable to Cooperative Societies

Cooperative societies shall enter in the box [00566] "Allowances for Cooperative Societies (Law 20/1990)" on page 14 of form 200, the sum of the allowances in the tax liability to which, where applicable, they are entitled, from among the following allowances regulated in Law 20/1990, of 19 December, on the Tax Regime for Cooperatives:

1.Allowances under Article 34.2 of Law 20/1990

In this section, a distinction is made between two types of rebates applicable to specially protected cooperatives:

  1. With general character, the rebate established in article 34.2 of Law 20/1990 will be applied, in the following terms:

    • Bonus percentage:50 per cent.

    • Entities concerned: Specially protected cooperatives.

    • Subsidised income: All income earned by specially protected cooperatives.

    • Bonus basis: Full tax liability as defined in Article 23 of Law 20/1990, after any negative tax liabilities from previous years that may be available have been offset, i.e:

      Box [00560] "Preliminary full amount" - Box [00561] "Compensation of quotas for losses of cooperatives" - Box [00561] "Compensation of quotas for losses of cooperatives".
  2. With special character, will apply the rebate established in Article 14 of Law 19/1995, of 4 July, on Modernisation of Agricultural Holdings, in the following terms:

    • Bonus percentage: 80 per cent.

      Entities concerned: Specially protected agricultural cooperatives with the status of priority associative agricultural holdings.

    • Subsidised income: All income obtained by the above entities.

    • Bonus basis: Full tax liability as defined in Article 23 of Law 20/1990, after any negative tax liabilities from previous years that may be available have been offset, i.e:

      Box [00560] "Preliminary full amount" - Box [00561] "Compensation of quotas for losses of cooperatives" - Box [00561] "Compensation of quotas for losses of cooperatives".

2.Rebate under Article 35(2) of Law 20/1990

Will be applied this rebate in the following terms:

  • Bonus percentage: 50 per cent.

  • Entities concerned: Second and subsequent cooperatives which do not fall under the circumstances set out in Article 13 of Law 20/1990 and which associate, exclusively, specially protected cooperatives.

  • Subsidised income: All income obtained by the above entities.

  • Bonus basis: Full tax liability as defined in Article 23 of Law 20/1990, after any negative tax liabilities from previous years that may be available have been offset, i.e:

    Box [00560] "Preliminary full amount" - Box [00561] "Compensation of quotas for losses of cooperatives" - Box [00561] "Compensation of quotas for losses of cooperatives".

3.Rebate under Article 35(3) of Law 20/1990

Will be applied this rebate in the following terms:

  • Bonus percentage: 50 per cent.

  • Entities concerned: Second and subsequent cooperatives which do not fall under the circumstances set out in Article 13 of Law 20/1990 and which associate protected and specially protected cooperatives.

  • Subsidised income: Only the results of transactions with specially protected cooperatives.

  • Bonus basis: Part of the gross tax liability as defined in Article 23 of Law 20/1990 that corresponds to the results of operations carried out with specially protected cooperatives, after any negative tax liabilities from previous years that may be available have been offset against it, i.e:

    Box [00560] "Preliminary full amount" - Box [00561] "Compensation of quotas for losses of cooperatives" (for the part corresponding to operations carried out with specially protected cooperatives)

4.Rebate under the third additional provision of Law 20/1990

Will be applied this rebate in the following terms:

  • Bonus percentage: 90 per cent.

  • Entities concerned: Fiscally protected worker cooperatives with at least 50 per cent disabled members and which can prove that, at the time the cooperative was set up, these members were unemployed.

  • Subsidised income: All income obtained by the cooperative during the first 5 years of its social activity, as long as the above-mentioned percentage of members is maintained.

  • Bonus basis: Full tax liability as defined in Article 23 of Law 20/1990, after any negative tax liabilities from previous years that may be available have been offset, i.e:

    Box [00560] "Preliminary full amount" - Box [00561] "Compensation of quotas for losses of cooperatives" - Box [00561] "Compensation of quotas for losses of cooperatives".