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Practical Handbook for Companies 2021

Box 00037 Split option art. 19.1 LIS

This box should be used in cases of change of residence to a Member State of the European Union or of the European Economic Area that has concluded an agreement with Spain or the European Union on mutual assistance in the recovery of tax debts, to expressly state the taxpayer's option to pay the tax debt resulting from the application of the provisions of the first paragraph of Article 19.1 of the LIS by equal annual fifths.

The exercise of the option shall be made in the corporate income tax return corresponding to the tax period concluded on the occasion of the change of residence, bearing in mind that the payment of the first fraction must be made in the voluntary period of declaration corresponding to said tax period.The due date and payability of the remaining four annual instalments will be demanded together with the late payment interest accrued for each one of them, successively one year after the end of the voluntary deadline for the last tax period.

You can consult how to pay the tax debt in the case of opting for payment by instalments at Chapter 6 of this Practical Manual.

A tener en cuenta:

With effect for tax periods beginning on or after 1 January 2021, replaces in these cases of change of residence of an entity to a Member State of the European Union or the European Economic Area, the possibility for the taxpayer to defer payment of the tax debt resulting from applying Article 19.1 of the LIS, until the assets affected are not transferred to third parties, with the possibility of dividing this payment, also at the request of the taxpayer, by equal annual fifths.