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Practical Manual of Companies 2022.


Regulation: Article 8 and DT 1 Law 11/2009

Entities that meet the requirements established in Law 11/2009, of October 26, which regulates Listed Investment Companies in the Real Estate Market (hereinafter, SOCIMI), may opt for applying the special regime regulated in said Law, which will also be applicable to its partners.

option must be adopted by the general meeting of shareholders and must be communicated to the Delegation of the State Agency of Tax Administration of the tax domicile of the entity, before the last three months prior to the conclusion of the tax period.

The special tax regime will be applied in the tax period that ends after said communication and in the subsequent ones that end before the renunciation of the regime is communicated.

These entities may opt for the application of the special regime, even when the requirements set out in Law 11/2009 are not met, provided that said requirements are fulfilled within two years following the date of the option to apply said regime.

The non-compliance of such condition will mean that the company will be taxed under the general Corporate Tax regime starting from the tax period in which said non-compliance occurs. Furthermore, the company will be obliged to pay, together with the fee for said tax period, the difference between the fee for said tax resulting from applying the general regime and the fee paid that resulted from applying the special tax regime in previous tax periods. without prejudice to late payment interest, surcharges and penalties that, where appropriate, may be appropriate.

Keep in mind:

This special tax regime is incompatible with all the special tax regimes provided for in Title VII of the LIS , with the exception of those regulated in Chapter VII (Special regime for mergers, divisions, contributions of assets, exchange of securities and change of registered office of a European Company or a European Cooperative Society from one Member State to another of the European Union), in Chapter X (International tax transparency ) and in Chapter XII (Tax regime for certain financial leasing contracts) of said Title.