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Practical Handbook for Companies 2021

Specialities in the settlement of Corporation Tax (pages 13 and 14 of form 200)

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

In relation to the imputation of positive income obtained by one or more entities not resident in Spanish territory or by a permanent establishment, provided that the circumstances contemplated in article 100 of the LIS are met, the following adjustments must be made in the boxes [00387] and [00388] "International tax transparency" on page 13 of form 200:

  • In box [00387] taxpayers must enter the amount of positive income obtained by one or more entities not resident in Spanish territory or by a permanent establishment that they include in their tax base, in accordance with the rules established in article 100 of the LIS.

  • In box [00388] taxpayers should include the amount of dividends or shares in profits, in the part corresponding to the positive income that has been included in the tax base.

    They should also include in this box the amount of distributed dividends corresponding to income included in the tax base in a previous tax period.

2.Deductions in the total tax liability (page 14 of form 200)

Entities that apply the special international tax transparency regime and have included in their tax base the positive income of one or more entities not resident in Spanish territory or of a permanent establishment, may deduct from their gross tax payable, the following amounts established in article 100.10 of the LIS (see section "Deductions from the gross tax payable").

  1. The taxes or levies of an identical or analogous nature to corporate income tax, effectively paid, in the part corresponding to the positive income imputed to the tax base.

    Taxes actually paid include taxes paid by both the non-resident entity and its investees of at least 5 per cent.

  2. The tax or levy effectively paid abroad on the distribution of dividends or shares in profits, in the part corresponding to the positive income previously included in the tax base.

The amount of these deductions shall be included in box [00575] "International tax transparency (art. 100.10 LIS)" on page 14 of form 200.

A tener en cuenta:

  • These deductions shall be made even if the taxes relate to tax periods other than the one in which the allocation was made.

    In no case shall be deducted for taxes paid in countries or territories that qualify as non-cooperative jurisdictions.

    The sum of the deductions included in letters a) and b) of Article 100.10 of the LIS, may not exceed of the gross tax payable in Spain on the positive income included in the tax base.

  • For tax periods beginning on or after 1 January 2016, section 2 of the fifteenth additional provision of the LIS establishes that taxpayers whose net turnover is at least 20 million euros during the 12 months prior to the date on which the tax period begins, must take into account that the amount of the deductions to avoid international double taxation provided for in articles 31, 32 and 100.10 of the LIS, as well as those deductions to avoid double taxation referred to in the twenty-third transitory provision of this Law, may not jointly exceed 50 per cent of the taxpayer's gross tax liability.

Completion of the table "Net turnover for the twelve months prior to the date of commencement of the tax period" (page 21 of Form 200).

For tax periods commencing on or after 1 January 2019, must be included on page 21 of form 200, information on the net turnover for the twelve months prior to the start date of the tax period, for the purposes of determining the application of the limit established in the fifteenth additional provision of the LIS.

For this purpose, when completing the box [00575] a breakdown window will open (except in cases where the table on page 21 of form 200 has already been completed), in which the taxpayer must indicate whether the net turnover during the twelve months prior to the start date of the tax period has been less than 20 million euros, at least 20 million euros, but less than 60 million euros or at least 60 million euros.The option marked by the taxpayer shall be transferred to the table "Net turnover for the twelve months preceding the date of commencement of the tax period" on page 21 of Form 200.

The option marked by the taxpayer will also be taken into account to determine the limits in the calculation of the accounting corrections derived from the application of article 11.12 of the LIS, the offsetting of tax losses and the offsetting of contributions for losses of cooperatives, so that once the table on page 21 of form 200 has been completed, it will not be shown again on other screens.

3.Information particularities (page 25 of Form 200)

  1. On page 25 of Form 200, entities applying the special international tax transparency regime must provide the following details for each non-resident entity in respect of which they have included positive income in their tax base:

    • Nombre o razón social.

    • Registered office.

    • Country/territory key.The country/territory code shall be the two-letter code from the list of country or territory codes contained in Annex II of Order EHA/3496/2011 of 15 December (see the end of Chapter 3 of this Practical Manual).

    • Amount of positive income to be included in the tax base.

    • List of directors of the non-resident entity and the place of their tax domicile.

    In the box [00387] "International tax transparency (art. 100 LIS)" the total amount of income that has been included in the tax base by application of the international tax transparency regime shall be entered.

    [00387] = A + B + C + D + E + F

    The amount entered here shall be transferred to the same numbered box on page 13 of form 200.

  2. In addition, the entities to which this special regime is applicable, must submit together with the tax return for this tax, the data relating to the non-resident entity in Spanish territory referred to in article 100.12 of the LIS (see the section "Information obligation" of the special international transparency regime).

    For the submission of this documentation, see the section "Documentation to be submitted together with the declaration" in Chapter 1 of this Practical Manual.