Waiver of non-profit status
Non-profit entities that have exercised the option for the tax regime established in Title II of Law 49/2002 may renounce its application. The waiver, as established in article 1.2 of Royal Decree 1270/2003, will take effect from the tax period that begins after its presentation, which must be made at least one month before the beginning of the period, through the corresponding census declaration.
Things to keep in mind :
The waiver of the tax regime of Title II of Law 49/2002 will be made effective by marking the box [135] on page 1 and the boxes [652] and [654] on page 6 of form 036.
In the Corporate Tax return , non-profit entities that have renounced the application of said regime will stop marking the box [00001] "Non-profit entity covered by tax regime Title II Law 49/2002" on page 1 of form 200, starting from the tax period that begins after the filing of the census return.
Non-profit entities that waive the application of the tax regime established in Title II of Law 49/2002, will apply the regime of partially exempt entities of article 9.3 of the LIS regulated in Chapter XIV of Title VII of the LIS , being obliged to declare all of their income, exempt and non-exempt, except when they meet the requirements of article 124.3 of the LIS, in which case they are not obliged to declare.
Things to keep in mind :
When these entities waive the application of the tax regime established in Title II of Law 49/2002, starting from the tax period that begins after the presentation of the census declaration of waiver, they must mark box [00002] "Partially exempt entity" on page 1 of form 200, instead of box [00001] "Non-profit entity subject to tax regime Title II of Law 49/2002".