Change of residence to Member States of the European Union or EEA (art. 19.1 LIS)

According to the provisions of article 19.1 of the LIS , will be integrated into the tax base the difference between the market value and the tax value of the assets owned by an entity resident in Spanish territory that transfers its residence to a Member State of the European Union or the European Economic Area that has concluded an agreement with Spain or with the European Union on mutual assistance in the recovery of tax credits that is equivalent to the mutual assistance provided for in Council Directive 2010/24/ EU , of March 16, 2010, except that said assets are assigned to a permanent establishment located in Spanish territory of the aforementioned entity.

With effect for the tax periods beginning on or after January 1, 2021, the possibility that the taxpayer had to defer payment of the tax debt resulting from integrating into the tax base the difference between the market value and the tax value of the assets owned by the entity resident in Spanish territory that transfers its residence to a Member State of the European Union or the European Economic Area that has entered into an agreement with Spain or the European Union on mutual assistance in the collection of tax credits, is replaced by the possibility of splitting said payment , also at the request of the taxpayer, into equal annual fifths .

In the case of change of residence, transfer to Spain of assets or activities that, in accordance with the provisions of article 5 of Council Directive (EU) 2016/1164, of July 12, 2016, have been subject to an exit tax in a Member State of the European Union, the value determined by the Member State of exit will be considered the tax value in Spain, unless it does not reflect the market value.

Finally, it should be noted that will not include in the tax base the difference between the market value and the tax value of the transferred assets, which are related to the financing or delivery of guarantees or to comply with prudential capital requirements or for liquidity management purposes, provided that it is anticipated that they must return to Spanish territory to be assigned within a maximum period of one year to a permanent establishment located in Spain.

Filling in form 200

In the event of a change of residence to a Member State of the European Union or the European Economic Area under the terms set out in the previous section, the amount of the tax debt resulting from integrating into the tax base the difference between the market value and the tax value of the transferred assets must be included in boxes [01572] and [01573] ## "Change of residence to Member States of the European Union or EEA (art. 19.1 LIS)" on page 12 of form 200.