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Practical Manual of Companies 2021.

Quantification of the tax debt

Regulation: Article 19 TRLIRNR

For tax periods beginning within the year 2021, the tax rate applicable to the tax base will be 25 percent , except in hydrocarbon research and exploitation activities which will be 30 percent .

To the full quota, permanent establishments can apply the deductions and bonuses provided for in the Corporate Tax Law. To the extent that in the development of their activities they have suffered withholdings , they can apply them to the fee resulting from the previous operation, as well as the deposits on account and installment payments that have been carried out.

When permanent establishments of non-resident entities that are not natural persons transfer income abroad , additionally, a complementary tax of 19 percent will be required, on the amounts transferred from the income of the permanent establishment, including the payments referred to in article 18.1.a) of the TRLIRNR, which have not been deductible expenses for the purposes of fixing the tax base of the permanent establishment. However, this tax will not be applicable to income obtained in Spanish territory through permanent establishments of entities with their tax residence in another State of the European Union, unless it is a country or territory considered as a non-cooperative jurisdiction, nor to income obtained in Spanish territory through permanent establishments by entities that have their tax residence in a State that has signed with Spain an agreement to avoid double taxation, in which expressly establishes otherwise, provided that there is, in the latter case, reciprocal treatment.