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Practical Handbook for Companies 2021

Persons obligated to submit the form

They are obliged to file form 232 for information returns on related-party transactions and transactions and situations related to countries or territories classified as non-cooperative jurisdictions:

  1. Corporate Income Tax and Non-Resident Income Tax taxpayers acting through a permanent establishment, as well as entities under the income allocation system incorporated abroad with a presence in Spanish territory, who carry out the following transactions with related persons or entities under the terms set out in article 18.2 of the LIS, must complete the table relating to the "Information on transactions with related persons or entities (art. 13.4 RIS)" of form 232:

    • Transactions carried out with the same person or related entity provided that the amount of the consideration for all the transactions in the tax period exceeds 250,000 euros, in accordance with the market value.

    • Specific transactions, provided that the combined amount of each such transaction in the tax period exceeds EUR 100,000.

      Those transactions excluded from the simplified content of the documentation referred to in articles 18.3 of the LIS and 16.5 of the RIS are considered to be specific transactions.

    This table should not be completed for the following transactions:

    • Transactions carried out between entities that form part of the same consolidated tax group, without prejudice to the provisions of Article 65.2 of the Corporate Income Tax Act.

    • Transactions carried out with its members or with other entities forming part of the same tax consolidation group by the economic interest groupings and temporary joint ventures.However, this declaration must be filed in the case of temporary joint ventures, or formulas for collaboration similar to temporary joint ventures, which avail themselves of the regime established in Article 22 of the LIS.

    • Transactions carried out in the context of public offers for sale or public offers for the acquisition of securities.

  2. Taxpayers who apply the reduction of previous income from certain intangible assets provided for in article 23 LIS because they obtain income as a result of the assignment of certain intangible assets to related persons or entities, must complete the table relating to the "Transactions with related persons or entities in the event of application of the reduction of previous income from certain intangible assets (art. 23 and DT 20ª LIS)" of form 232.

  3. Taxpayers who carry out transactions or hold securities in countries or territories classified as non-cooperative jurisdictions, regardless of the amount involved, must complete the table "Transactions and situations related to countries or territories classified as tax havens" of form 232.