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Practical Manual for Companies 2023.

Box 00037 Fractionation option art. 19.1 LIS

This box must be used in cases of change of 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, to expressly state the option that the taxpayer has to split the payment of the tax debt resulting from the application of the provisions of the first paragraph of article 19.1 of the LIS into equal annual fifths .

The exercise of option will be carried out in the Corporate Tax return corresponding to the tax period concluded on the occasion of the change of residence, taking into account that the payment of the first fraction must be made within the voluntary period of the return corresponding to said tax period. The maturity and enforceability of the remaining annual fractions be demanded together with the late payment interest accrued by each of them, successively after one year from the end of the voluntary declaration period corresponding to the last tax period.

You can find out how to pay the tax debt if you choose to pay it in installments in Chapter 6 of this Practical Manual.

Remember:

With effect for tax periods starting on or after January 1, 2021 , in these cases of change of residence of an entity to a Member State of the European Union or the European Economic Area, the possibility that the taxpayer had to defer payment of the tax debt resulting from applying article 19.1 of the LIS, until the affected assets were transferred to third parties, is replaced by the possibility of splitting said payment, also at the request of the taxpayer, into equal annual fifths.