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Practical Handbook for Companies 2021

Determination of the taxable base and the tax liability (pages 13 and 14 of form 200)

1.Spanish economic interest groupings and temporary Joint Ventures

  1. The special regime entity has exclusively partners or member companies resident in Spanish territory or non-resident in Spanish territory with a permanent establishment in Spain.

    In this case, the special regime entity must allocate to its resident partners or member companies the total taxable base obtained in the tax period, and therefore will not pay corporate income tax.

    Therefore:

    • Regardless of whether the amount in box [00550] "Taxable income before application of the capitalisation reserve and offsetting of tax losses" is positive or negative, the entity must only fill in, in addition to box [00550], box [00552] "Taxable income" and box [00555] "Resident and non-resident shareholders with EP".

      In these boxes, enter the amount of taxable income obtained by the entity with the corresponding sign, whereby:

      [00550] = [00552] = [00555]

    • In box [00547] "Offsetting negative taxable bases from earlier periods", enter a zero ("0").

  2. The special regime entity has exclusively partners or member companies not resident in Spanish territory.

    In this case, the special system entity shall pay corporate income tax on the part of the taxable income attributable to its shareholders.Therefore, the taxpayer shall pay the corporate income tax corresponding to the tax period in question for the total taxable income obtained in that period, distinguishing whether:

    • The tax base obtained before offsetting tax losses is negative or zero:

      • To calculate the tax base, the entity must enter the taxable base amount in box [00550] "Taxable income before application of the capitalisation reserve and offsetting of tax losses", with the corresponding sign.

        The amount shown in box [00550] should also be entered in boxes [00552] "Taxable base" and [00556] "Non-resident shareholders", whereby:

        [00550] = [00552] = [00556]

        In box [00547] "Offsetting negative taxable bases from earlier periods", enter a zero ("0").

      • In relation to the calculation of the total tax liability, generally speaking, the tax rate of 25 percent is entered in box [00558] "Tax rate", unless the entity applies any of the special tax rates included in the tax regulations, in which case it shall enter said rate.

        Finally, in boxes [00562] "Taxable base", [00582] "Adjusted positive full amount due" and [00592] "Net tax payable", enter zero ("0"), filling in, where appropriate, with the corresponding amount, the boxes relating to the withholdings (boxes [01785] and following boxes) for the tax year, included under "Amount due for payment or refund in the period" on page 14a of form 200.

    • The tax base obtained before offsetting tax losses is positive:

      • To calculate the tax base, the entity must enter the amount in box [00550] "Taxable income before application of the capitalisation reserve and offsetting of tax losses".

        From the amount entered in box [00550], the amount of the offsetting negative tax bases from earlier periods may be deducted by entering in box [00547] "Offsetting negative tax bases from earlier periods" on page 13 of form 200, the amount included in the same box [00547] in the table "Details on offsetting negative tax bases" on page 15 of form 200.

        From amount entered in box [00550], deduct the amount entered in box [00547], taking into account that the result cannot be negative.

        Finally, the result of this operation will be transferred to boxes [00552] "Taxable base" and [00556] "Non-resident shareholders", whereby:

        [00552] = [00556]

      • In relation to the calculation of the total tax liability, generally speaking, the tax rate of 25 percent is entered in box [00558] "Tax rate", unless the entity applies any of the special tax rates included in the tax regulations, in which case it shall enter said rate.

        Therefore, in cases in which the entity applies the general tax rate of 25 percent, box [00562] "Amount due" shall be calculated as follows:

        [00562] = [00556] x 25%

        Next, the entity must calculate the amounts to be entered in boxes [00582] "Adjusted positive full amount due" and [00592] "Net tax payable" on page 14 of form 200, entering, where applicable, the values corresponding to the applicable allowances and deductions in the settlement of the tax period in question (boxes [00567] to [00581] and [00583] to [01041]), pursuant to the general rules applicable.

        Finally, where applicable, enter the amount corresponding to withholdings (boxes [01785] and following boxes) for the tax year, included in section "Amount due for payment or refund in the period" on page 14a of form 200.

  3. The special system entity has resident or non-resident shareholders or member companies with a permanent establishment and non-resident shareholders or member companies in Spain.

    In this case, the special system entity must determine the part of the tax base and other taxable items that should be attributed to the shareholders or member companies residing in Spain or non-resident with a permanent establishment and which, therefore, are not subject to settlement by the entity.

    In turn, it must determine the part of the tax base and other taxable items that must be settled by the special system entity itself as they are not allocated to the shareholders or member companies because they do not reside in Spain:

    • The tax base obtained before offsetting tax losses is negative or zero:

      • To calculate the tax base, the entity must enter the amount in box [00550] "Taxable income before application of the capitalisation reserve and offsetting of tax losses", with the corresponding sign.

        This amount will be multiplied both the percentage allocation to shareholders or members residing in Spain or non-residents with a permanent establishment (box [00060] on page 24 of form 200), and the percentage corresponding to shareholders or members not residing in Spain (100 - box [00060]) / 100).

        Thus, the amounts resulting from applying each of the two percentages should be entered in boxes [00555] "Resident and non-resident shareholders EP" and [00556] "Non-resident shareholders" with a minus sign (-) if applicable.

        In box [00547] "Offsetting negative taxable bases from earlier periods", enter a zero ("0"), in any case.

        Therefore, the value to be entered in box [00552] "Taxable base" will be the algebraic sum of boxes [00555] and [00556]:

        [00552] = [00555] + [00556]

      • In relation to the calculation of the total tax liability, generally speaking, the tax rate of 25 percent is entered in box [00558] "Tax rate", unless the entity applies any of the special tax rates included in the tax regulations, in which case it shall enter said rate.

        In boxes [00562], "Taxable base", [00582] "Adjusted positive full amount due" and [00592] "Net tax payable", enter a zero ("0") in any case.

        Finally, it should be taken into account that on the remaining pages of form 200 corresponding to the settlement of corporate income tax, the entity should enter the amounts for the appropriate items and which, in any case, correspond to those that should not be allocated to shareholders or members resident in Spanish territory.

    • The tax base obtained before offsetting tax losses is positive:

      • To calculate the tax base, the entity must enter the amount in box [00550] "Taxable income before application of the capitalisation reserve and offsetting of tax losses".

        From the amount entered in box [00550], the amount of the offsetting negative tax bases from earlier periods may be deducted by entering in box [00547] "Offsetting negative tax bases from earlier periods" on page 13 of form 200, the amount included in the same box [00547] in the table "Details on offsetting negative tax bases" on page 15 of form 200.

        The result of this deduction, which cannot be negative, shall be entered in box [00552] "Taxable base".

        The amount entered in box [00552] will be multiplied both the percentage allocation to shareholders or members residing in Spain or non-residents with a permanent establishment (box [00060] on page 24 of form 200), and the percentage corresponding to shareholders or members not residing in Spain (100 - box [00060]) / 100).

        Therefore, the amounts resulting from applying each of the two percentages should be entered in boxes [00555] "Resident and non-resident shareholders with EP” and [00556], "Non-resident shareholders"

        The value to be entered in box [00552] "Taxable base" will be the algebraic sum of boxes [00555] and [00556]:

        [00552] = [00555] + [00556]

      • In relation to the calculation of the total tax liability, generally speaking, the tax rate of 25 percent is entered in box [00558] "Tax rate", unless the entity applies any of the special tax rates included in the tax regulations, in which case it shall enter said rate.

        In cases in which the entity applies the general tax rate of 25 percent, box [00562] "Amount due” shall be calculated as follows:

        [00562] = [00556] x 25%

        If the amount in box [00552] is zero, a zero ("0") shall be entered in boxes [00555], [00556], [00562], [00582] and [00592].

        Whether the amount in box [00552] is a zero or a positive amount:

        • The entity must calculate the amounts to be entered in boxes [00582] "Adjusted positive full amount due” and [00592] "Net tax payable" on page 14 of form 200, entering, where applicable, the values corresponding to the applicable allowances and deductions in the settlement of the tax period in question (boxes [00567] to [00581] and [00583] to [01041]), pursuant to the general rules applicable.Consideration should be given to the fact that only the deductions and allowances that should not have been allocated to shareholders or member companies residing in Spain or non-residents with a permanent establishment can be applied in the settlement.

          Finally, under "Amount for the year to be paid in or returned" on page 14a of form 200 (boxes [01785] and the following boxes), the value of withholdings to be applied to the settlement of the special system entity shall be included as they are not allocated to the shareholders or member companies residing in Spain.

        • Likewise, the entity that applies the special regime must take into account that on the remaining pages of form 200 corresponding to the settlement of Corporation Tax, the entity must enter the amounts for the appropriate items and which, in any case, correspond to those that should not be attributed to shareholders or member companies resident in Spanish territory or non-residents with a permanent establishment.

2.European Economic Interest Groupings

When the reporting entity is a European economic interest group to which the special tax system under Chapter II of Title VII of the Corporation Tax Law applies in the tax period in question, given that it allocates its taxable income, whether positive or negative, and other taxable items in full to its shareholders, whether or not they reside in Spain, the amount that entered in box [00550] "Tax base before application of the capitalisation reserve and offsetting negative tax bases" on page 13 of form 200, shall transfer this to the box [00552] "Taxable income" on the same page, with the corresponding sign.

In box [00547] "Offsetting negative taxable bases from earlier periods", enter a zero ("0").

A tener en cuenta:

The reporting entity shall not complete any other box from those included in the pages on form 200 corresponding to the settlement of Corporation Tax, after box [00552] "Taxable base".