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Practical Manual for Companies 2023.

Documents to be submitted before the tax return

1. Documentation

Prior to filing the tax return, taxpayers must submit electronically using the specific forms that have been defined for this purpose, the following additional information:

  1. When a correction to the result of the profit and loss account has been recorded in the declaration, as a decrease, for an amount equal to or greater than 50,000 euros in the section corresponding to "Other corrections to the result of the profit and loss account" (box [00414] on page 13 of form 200), the taxpayer must describe the nature of the adjustment made using the additional information form for adjustments and deductions, which appears as Annex III in Order HAC /495/2024, of May 21.

  2. When the amount of the deduction generated in fiscal year (regardless of whether it is applied or pending for future fiscal years), is equal to or greater than 50,000 euros in the deductions listed below, additional information will be requested through the additional information form for adjustments and deductions listed as Annex III in Order HAC/495/2024, of May 21.

    • Deduction for reinvestment of extraordinary profits for the year 2023 regulated in section 7 of the twenty-fourth transitional provision of the LIS (box [01515] on page 16 of form 200): The assets transferred and the assets in which the investment is made must be identified.

    • Deduction for research and development activities and technological innovation for the year 2023 regulated in article 35 of the LIS (boxes [00798] and [00096] on page 17 of form 200): The investments and expenses that give rise to the right to the deduction must be identified.

  3. When small and medium-sized companies apply, in addition to the deduction regime for research and development activities and technological innovation established in article 35 of the LIS, the bonus in the Social Security contribution , they must present, in accordance with article 8 of Royal Decree 475/2014, of June 13, on bonuses in the Social Security contribution, a annual report of activities and projects executed and researchers affected by the bonus, whose information must be completed in the form of bonuses in the Social Security contribution approved for this purpose as Annex IV in the HAC / 495/2024, of May 21.

    The section corresponding to the annual report on activities and projects carried out must identify the project or activity, the corresponding start and end date, the total amount thereof, as well as the amount corresponding to the subsidised contributions and the deductions in corporate income tax.

    Furthermore, the section corresponding to the researchers' annual report must identify the project or activity, the names and surnames of the researchers, as well as the tax identification numbers, Social Security affiliation numbers and the value of subsidised contributions and deductions in Corporation Tax.

    You can consult the instructions for completing the form for bonuses in Social Security contributions .

  4. Taxpayers who are entitled to a reduction in the tax base of the amounts that, in relation to their establishments located in the Canary Islands, they allocate from their profits to the investment reserve and who carry out advance investments that are considered as materialization of the reserve for investments in the Canary Islands made with provisions from said reserve , must previously complete the form approved in Annex V of Order HAC/495/2024, of May 21.

    In accordance with article 27.11 of Law 19/1994, of July 6, amending the Economic and Tax Regime of the Canary Islands, in the event that advance investments are made, their materialization as a Reserve for investments in the Canary Islands and their financing system will be communicated jointly with the declaration of Corporate Tax or Non-Resident Income Tax for the tax period in which the advance investments are made.

  5. Taxpayers who are entitled to a reduction in the tax base of the amounts that, in relation to their establishments located in the Balearic Islands, they allocate from their profits to the investment reserve and who carry out advance investments that are considered as materialization of the reserve for investments in the Balearic Islands made with provisions from said reserve , must previously complete the form approved in Annex VI of Order HAC/495/2024, of May 21.

    In accordance with section Four.10 of the Seventieth Additional Provision of Law 31/2022, of December 23, in the event that advance investments are made, their materialization as a Reserve for investments in the Balearic Islands and its financing system will be jointly communicated with the declaration of Corporate Tax or Non-Resident Income Tax for the tax period in which the advance investments are made.

  6. Taxpayers who meet the requirements established in article 101 of the LIS may comply with the obligation of the specific documentation required in article 16.4 of the RIS , presented through the form of operations with related persons or entities the standardized document that appears as Annex V of Order HAP /871/2016, of June 6.

This additional information must be introduced on the specific forms that have been defined to this end, that the taxpayer must submit electronically before filing their corporate income tax return. To do this, you must connect to the Electronic Headquarters of the State Tax Administration Agency (electronic address: https://sede.agenciatributaria.gob.es ) and, within the page for managing model 200 , select the form you wish to submit.

You can also access the completion of these forms from the "Declaration processing service (WEB Companies)", in the section "Presentation of prior documentation in the electronic office" on page 21 of form 200, by clicking on the button of the form you wish to submit.

Remember:

When the taxpayer submits one of these forms, he/she must enter the Company Reference Number (NRS) corresponding to the documentation submitted in the section "Presentation of prior documentation in the electronic office" on page 21 of form 200.

2. Tax return forms

Prior to filing the tax return, taxpayers must submit, where applicable, the following return forms :

  1. When the taxpayer makes the reduction corresponding to the reserve for investments in the Canary Islands , he/she must submit within the deadline established for filing the Corporate Tax return, the form 282 of " Annual information declaration of aid received within the framework of the Economic and Fiscal Regime of the Canary Islands and other state aid, derived from the application of European Union Law", approved by Order HAP /296/2016, of March 2.

  2. When the taxpayer has registered deferred tax assets referred to in section 2 of the thirty-third transitional provision of the LIS, and chooses to exercise the conversion right established in article 130 of said regulation with respect to said assets, he/she must make the payment of the patrimonial benefit of conversion of deferred tax assets into payable credit as provided for in the Thirteenth Additional Provision of the LIS through form 221 .

Remember:

When the taxpayer files either of these two returns, they must enter the number of the supporting document identifying the presentation in the "Presentation of previous documentation at the e-Office" section on page 21 of form 200.

3. Communications to the Tax Administration

Prior to filing the Corporate Tax return, taxpayers must electronically submit the following communications to the Tax Authority:

  1. With effect for tax periods beginning on or after January 1, 2021, the taxpayer who participates in the financing of Spanish productions of feature and short films and audiovisual series of fiction, animation, documentaries or production and exhibition of live shows of performing and musical arts carried out by another taxpayer, and who intends to apply the deduction provided for in article 39.7 of the LIS , must submit the financing contract and certification of compliance with requirements a') and b') of section 1 or requirement a) of section 3 of article 36 of the LIS, as appropriate, in a written communication to the tax administration , signed by both the producer and the taxpayer participating in the financing, prior to the end of the tax period in which they are entitled to apply the deduction.

    This communication may be submitted through the procedure enabled for this purpose at the Electronic Headquarters of the State Tax Administration Agency (electronic address: ) and, within the page of procedures for model 200 , selecting the procedure "Presentation of communication regulated in art. 39.7 LIS".

  2. When operations are carried out to which the special tax regime for in Chapter VII of Title VII of the LIS applies, the acquiring entity of the operations, unless it is not resident in Spanish territory in which case it will be the transmitting entity, must submit a communication in accordance with the provisions of article 48 of the RIS , with the content referred to in article 49 of said Regulation .

    This communication must be made within the period of three months following the date of registration of the public deed in which the operation is documented. If registration is not necessary, the period will be calculated from the date on which the public deed or equivalent document corresponding to the operation is granted. In the case of operations involving a change of registered office, the notification must be made within three months of the date of registration in the register of the Member State of the new registered office of the public deed or equivalent document in which the operation is documented.

    This communication may be submitted through the procedure enabled for this purpose at the electronic headquarters of the State Tax Administration Agency (electronic address: https://sede.agenciatributaria.gob.es ) and, within the form 200 management page, selecting the procedure “Presentation of communication regulated in art. 48 RIS”).

    Keep in mind:

    In relation to this communication, you can consult in the section " Documentation that must be submitted with declaration " of this Chapter, the specialty of presentation for the case in which operations are carried out to which the special tax regime provided for in Chapter VII of Title VII of the LIS applies, when neither the acquiring entity nor the transferring entity are resident in Spanish territory.