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Practical Manual of Companies 2022.

Specialties of the tax regime

Regulation: Article 9 Law 11/2009

The SOCIMI that opt for the application of this special tax regime will be governed by the provisions of the Corporate Tax Law, without prejudice to the special provisions provided for in Law 11/2009:

  1. They will be taxed at the tax rate of 0 percent in the Corporate Tax.

  2. In the event that they generate negative tax bases , they will not be able to apply the provisions of article 26 of the LIS .

  3. Nor may they apply the regime of deductions and bonuses established in Chapters II, III and IV of Title VI of the LIS.

  4. In the event that fails to comply with the 3-year permanence requirement , referred to in article 3.3 of Law 11/2009 or when, whatever the cause, they become taxable by another different regime in the Corporate Tax before the end of said period:

    • In the case of properties , it will imply the taxation of all the income generated by those properties in all the tax periods in which this special regime would have been applicable, in accordance with the general regime and the general type of taxation of Corporate Tax.

    • In the case of shares or participations , it will imply the taxation of that part of the income generated on the occasion of the transfer, in accordance with the general regime and the general rate of taxation of Corporate Tax. .

    All these regularizations will be carried out in accordance with the provisions of article 125.3 of the LIS.

  5. The dividends or shares in profits distributed by the SOCIMI with respect to which the special regime provided for these entities has been applied will be subject to withholding or payment on account, when the recipient is a taxpayer of the Corporate Tax, IRNR with and without permanent establishment or IRPF .

    There will be no obligation to withhold when the recipient is an entity that meets the requirements for the application of Law 11/2009.