Skip to main content
Practical Handbook for Companies 2021

Choice of method

The taxpayer may opt for one or other method of payment in instalments.

Notwithstanding the above, only taxpayers are obliged to use the method regulated in article 40.3 of the LIS :

  • Whose net turnover has exceeded the amount of 6 million euros during the 12 months prior to the date on which the tax period to which the instalment payment corresponds begins.

  • That they are covered by the Special Regime for Shipping Entities according to Tonnage established in Chapter XVI of Title VII of the LIS.These taxpayers should bear in mind that the application of the modality of article 40.3 of the LIS will be made on the tax base calculated in accordance with the rules established in article 114 of the LIS, and applying the percentage referred to in article 115 of the LIS, without computing any deduction on the part of the tax liability derived from the part of the tax base determined in accordance with the provisions of paragraph 1 of article 114 of the LIS.

Taxpayers should exercise the option in the corresponding census declaration, taking into account that:

  • If the tax period to which the aforementioned option refers coincides with the calendar year, the option will be exercised during the month of February.

  • If it does not coincide with the calendar year, the exercise of the option must be made in the corresponding census return, within a period of two months from the start of said tax period, or within the period between the start of said tax period and the end of the period for making the first instalment payment corresponding to said tax period, when the latter period is less than two months.

The exercise of the option will bind the taxpayer with respect to the payments corresponding to the same tax period and subsequent periods, as long as it is not waived by means of the corresponding census return, which must be exercised within the same deadlines established in the previous paragraph.