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Practical Manual of Companies 2022.

Tax system for partially-exempt organisations

Taxpayers covered by this special regime for partially exempt entities regulated in Chapter XIV of Title VII of the LIS , must complete in the boxes [ 00389] and [00390] “Regime for partially exempt entities (Chapter XIV of Title VII LIS)” on page 13 of model 200:

  • In box [00390] of reductions, they will include the income obtained in the tax period that, by application of the provisions of the aforementioned regulations, is are exempt from tax or that should not be counted for determining the tax base of the tax. Among these incomes, we can mention the following:

    • Those that come from carrying out activities that constitute their object or specific purpose, provided that they are not considered economic activities.

    • Those derived from acquisitions and transfers for profit , provided that both are obtained or carried out in compliance with their specific object or purpose.

    • Those that are evident in the onerous transfer of assets assigned to the realization of the specific object or purpose, when the total product obtained is destined for new investments related to said corporate object or specific purpose .

      Keep in mind:

      In none of the three previous cases will the correction be made for a decrease in the accounting result using the box [00390] of decreases when it comes to income from economic activities, income derived from assets or income obtained in transfers other than those indicated above.

    New investments must be made within the period between the year prior to the date of delivery or making available of the asset element and the three years following and remain in the entity's assets for 7 years, except that their useful life in accordance with amortization method that is applied from those admitted in article 12.1 of the LIS.

  • In the box [00389] of increases, the non-deductible items will be included for the determination of taxable income. These non-deductible items, in addition to those established by the general Corporate Tax regulations, are the following:

    • The expenses attributable exclusively to exempt income . Expenses partially attributable to non-exempt income will be deductible in the percentage that the income obtained in the exercise of non-exempt economic activities represents with respect to the total income of the entity.

    • The amounts that constitute application of results and, in particular, those that are used to support exempt activities.


      Income from the teaching activity of a private teaching center is not exempt. The income derived from the teaching activity is considered income from economic exploitations, and, therefore, the exemption does not apply to them.