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Practical Handbook for Companies 2021

Taxpayer-specific documentation

Both related persons or entities and permanent establishments of non-resident entities in Spanish territory must keep at the disposal of the tax authorities, in accordance with their turnover, certain documentation specific to the taxpayer:

  1. Related persons or entities whose net turnover, as defined in the terms established in article 101 of the LIS, is equal to or greater than 45 million euros.

    According to Article 16.1 of RIS, they must have the following specific documentation:

    1. Taxpayer information.
    2. Information on related party transactions.
    3. Economic-financial information on the taxpayer.
  2. Related persons or entities whose net turnover, as defined in the terms established in Article 101 of the LIS, is less than 45 million euros.

    According to Article 16.4 of the RIS, the specific documentation they must have at their disposal shall have the following simplified content :

    1. Description of the nature, characteristics and amount of the related party transactions.

    2. Name and surname(s) or company name(s) or full name(s), tax domicile and tax identification number(s) of the taxpayer and of the related persons or entities with which the transaction is carried out.

    3. Identification of the valuation method used.

    4. Comparables obtained and value or ranges of values derived from the valuation method used.

    According to Article 16.5 of the RIS, the simplified content of the specific documentation mentioned above does not apply to the following transactions:

    1. Those carried out by personal income taxpayers in the course of an economic activity to which the objective assessment method is applicable with entities in which they or their spouses, ascendants or descendants, individually or jointly between all of them, hold a percentage equal to or greater than 25% of the share capital or equity.

    2. Transfers of business operations.

    3. Transactions involving the transfer of securities or shares representing the equity of any type of entity not admitted to trading on any of the regulated securities markets, or which are admitted to trading on regulated markets located in countries or territories classified as non-cooperative jurisdictions.

    4. Transfers of immovable property.

    5. Transactions in intangible assets.

    In the case of entities that meet the turnover requirements for small companies under article 101 of the LIS or individuals and do not deal with transactions with persons or entities resident in countries or territories considered to be non-cooperative jurisdictions, the specific documentation obligations should not include the comparability analysis referred to in article 17 of the RIS.

  3. Persons or entities that meet the requirements of small companies under article 101 of the LIS.

    According to the last paragraph of Article 16.4 of the RIS with respect to these persons or entities, this specific documentation may be completed by means of the standardised document drawn up for this purpose by Order of the Minister of Finance.

    In relation to this documentation, these persons or entities are not obliged to provide the information on comparables referred to in letter d) of Article 16.4 of the RIS, and therefore the specific documentation to be submitted will have a supersimplified content .

    Filling in form 200

    Pursuant to the provisions of the aforementioned Article 16.4 of the RIS, these persons or entities may comply with the obligation to submit the aforementioned specific documentation by submitting the standardised document approved for this purpose by the single final provision of Order HAP/871/2016, of 6 June, and which appears as Annex V of the same.

    This standardised document must be submitted electronically prior to filing the tax return, using the specific documentation form for transactions with related persons or entities, available at the electronic office of the State Tax Administration Agency (e-mail address https://sede.agenciatributaria.gob.es), via the option "Inicio/Impuesto sobre Sociedades/Todos las gestiones".

    In the event that the entity submits this form, the Company Reference Number (CRN) corresponding to the documentation submitted must be entered in the section "Submission of prior documentation in the electronic office" on page 21 of form 200.