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Practical Handbook for Companies 2021

Specialities in the settlement of Corporation Tax (pages 13 and 23 of form 200)

1.Adjustments arising from the application of the special regime (page 13 of Form 200)

Boxes [00379] and [00380] "Valuation of assets and rights.Special regime for restructuring operations (Chapter VII of Title VII LIS)".

Entities that have opted for the application of the special regime regulated in Chapter VII of Title VII of the LIS, must enter in these boxes on page 13 of form 200, the corrections to the accounting result that, in accordance with the provisions of the aforementioned regulations, arise in the performance of the aforementioned operations.

Remember:

It shall be understood that the transactions regulated in Chapter VII of Title VII of the LIS apply the regime established therein, unless expressly stated otherwise by means of the notification regulated in the second paragraph of article 89.1 of the LIS.

2.Data of an informative nature (page 23 of Form 200)

Entities applying this special regime and which, therefore, have previously ticked box [00035] on page 1 of form 200, must enter the following data in section "Merger, spin-off, exchange of securities, transfer of assets and liabilities (Law 8/2012) and restructuring transactions (special regime)" on page 23 of said form:

  1. The boxes relating to "Type of transaction to which the option relates" should show the nature of the corporate transaction in respect of which the option has been exercised.

    For this purpose, the appropriate letter shall be entered from among the following:

    • Fusion:A
    • Spin-off:B
    • Exchange of securities:C
    • Transfer of assets and liabilities:D
    • Restructuring:E
    • Change of address:F
  2. In the boxes corresponding to the "Transferring entity", the tax identification number (NIF) and the company name of the entity that has transferred its corporate assets as a result of the merger or spin-off to which the special regime applies, in accordance with the provisions of articles 76 and 77 of the LIS, must be entered, if it has one.

    In the case of an exchange of securities, shall state NIF and the company name of the shareholder of the investee whose securities are being exchanged, in accordance with the provisions of articles 76 and 80 of the LIS.

    In the case of transfers of the business or of assets or liabilities carried out by credit institutions regulated in the eighth additional provision of the LIS, the NIF and the company name of the credit institution that has carried out the transfer shall be stated.

  3. In the boxes corresponding to "Acquiring entity", the tax identification number and company name of the new or existing entity that has acquired the corresponding company assets as a result of the merger or spin-off to which the special regime applies, in accordance with the provisions of articles 76 and 77 of the LIS, must be entered, if it has one.

    In the case of an exchange of securities, the tax identification number and company name of the entity acquiring an interest in the share capital of another entity that enables it to obtain a majority of the voting rights therein, in accordance with the provisions of articles 76 and 80 of the LIS, shall be stated.

    In the case of transfers of the business or of assets or liabilities carried out by credit institutions regulated in the eighth additional provision of the LIS, the tax number and company name of the credit institution that has acquired the business or the assets or liabilities shall be stated.

  4. In the box corresponding to "Date of registration of corporate resolutions in the Companies Register",, the date on which the corporate resolutions approving the merger, spin-off or exchange of securities to which the special regime applies were registered in the Companies Register shall be entered.

  5. In the box corresponding to the "Date of notification of the transaction",, the date on which the tax authorities are notified of the merger, spin-off or exchange of securities to which the special regime applies shall be entered in accordance with the terms established in Article 89 of the LIS.

  6. In the boxes corresponding to "Value of shares delivered" and "Value of shares received", the value of the shares or other securities delivered and the value of the shares or other securities received as a result of the transaction subject to the special regime shall be entered, respectively, determining both in accordance with the rules of the LIS.

  7. In the boxes corresponding to "Amount of income not included in the tax base of the declarant" the amount of income generated for the declarant in the merger, spin-off or exchange of securities operation that is not included in its tax base because it has availed itself of the special regime should be entered.

In the event of having to declare several transactions, the necessary blocks of this page shall be completed, as well as, where appropriate, the necessary copies of this page.