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Practical Manual of Companies 2022.

Choice of method

The taxpayer may choose one or another payment method in installments.

Notwithstanding the above, only taxpayers are obligated to the modality regulated in article 40.3 of the LIS :

  • Whose net amount of turnover has exceeded the amount of 6 million euros during the 12 months prior to the date on which the tax period to which the installment payment corresponds.

  • That they take advantage of the Special Regime of Shipping Entities Depending on Tonnage established in Chapter XVI of Title VII of the LIS. These taxpayers must take into account that the application of the modality of article 40.3 of the LIS will be carried out on the tax base calculated in accordance with the rules established in article 114 of the LIS, and applying the percentage referred to in article 115. of the LIS, without computing any deduction on the part of the quota derived from the part of the tax base determined in accordance with the provisions of section 1 of article 114 of the LIS.

Taxpayers must exercise the option in the corresponding census declaration, taking into account that:

  • If the tax period to which the aforementioned option refers coincides with the calendar year, the option will be exercised during the month of February.

  • If it does not coincide with the calendar year , the exercise of the option must be carried out in the corresponding census declaration, during the period of two months counting from the beginning of said tax period, or within the period between the beginning of said tax period and the end of the period to make the first installment payment corresponding to the aforementioned tax period, when the latter period is less than two months.

The exercise of the option will bind the taxpayer with respect to the payments corresponding to the same and subsequent tax periods, as long as it is not waived through the corresponding census declaration, which must be exercised within the same deadlines. established in the previous paragraph.