Change of residence to Member States of the European Union or EEA (art. 19.1 LIS)

According to the provisions of article 19.1 of the LIS , the difference between the market value and the tax value of the patrimonial elements that are property of an entity resident in Spanish territory that transfers its residence to a Member State of the European Union or the European Economic Area that has entered into an agreement with Spain or with the Union European Directive on mutual assistance in the recovery of tax claims that is equivalent to the mutual assistance provided for in Council Directive 2010/24/ EU of 16 March 2010, except that such patrimonial elements are affected to a permanent establishment located in Spanish territory of the aforementioned entity.

With effect for the tax periods that begin on or after January 1, 2021, the possibility that the taxpayer had to defer the payment of the tax debt is replaced resulting from integrating into the tax base the difference between the market value and the tax value of the assets owned by the entity resident in Spanish territory that transfers its residence to a Member State of the European Union or the Economic Area European Union that has entered into an agreement with Spain or the European Union on mutual assistance in the collection of tax credits, for the possibility of splitting said payment , also at the request of the taxpayer, by equal annual fifths .

In the case of change of residence, transfer to Spain of assets or activities that, in accordance with the provisions of article 5 of Council Directive (EU) 2016/1164, of July 12, 2016, have been subject to an exit tax in a Member State of the European Union, the value determined by the Member State of exit will be considered the tax value in Spain, unless it does not reflect the market value.

Finally, it must be taken into account that will not be included in the tax base , the difference between the market value and the tax value of the transferred assets, which are related to the financing. or delivery of guarantees or to meet prudential capital requirements or for the purposes of liquidity management, provided that it is anticipated that they must return to Spanish territory to be assigned to a permanent establishment located in Spain within a maximum period of one year.

Filling in form 200

In the event of a change of residence to a Member State of the European Union or the European Economic Area in the terms set out in the previous section, boxes [01572] and [01573] must be included in the “Change of residence”. residence to Member States of the European Union or EEA (art. 19.1 LIS)» on page 12 of form 200, the amount of the tax debt resulting from integrating in the tax base the difference between the market value and the tax value of the transferred assets.