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Practical Manual for Companies 2023.

Adjustments arising from the application of the special system (page 13 of form 200)

1. Economic interest groups (boxes 00375 and 00376)

When the reporting entity holds the economic rights inherent to the status of partner resident in Spanish territory or non-resident with a permanent establishment in the same, of a Spanish economic interest grouping or a European economic interest grouping that applies the special tax regime, it must make the following adjustments in boxes [ ] and [00376] "Economic interest grouping (Chapter of Title )" on page 13 of form 200:

  • In boxes [00375] and [00376] you must record the corrections that apply for the positive or negative tax bases that have been attributed to it or, in the case of European economic interest groups not resident in Spanish territory, for the profits or losses that, applying the rules provided for in article 44 of the LIS, must be included in the tax base.

  • In box [00376] of decreases, the net financial expenses that, according to article 43.1.b) of the LIS, have been imputed to their partners by said groups in the tax period will be included.

  • Likewise, in box [00376] of decreases, the amount of dividends and profit shares obtained and recorded in the tax period subject to declaration will be included, provided that they come from tax periods in which the entity that distributes the dividends or profits was in one of this special regime and correspond to partners or members who must bear the imputation of the tax base.

Keep in mind:

These groups may also impute to the partners the capitalization reserve that they have not applied in the tax period. This reduction will not be included in box [00376], but must be included in box [01032] "Capitalization reserve" on page 14 of form 200.

2. Temporary union of companies, adjustments to article 45 of the LIS (boxes 01320 and 01321)

Article 45.1 of the LIS establishes that temporary business associations that apply the special regime, as well as their member companies, will be taxed in accordance with the provisions of article 43 of this Law, except in relation to the valuation rule established in the second paragraph of section 4 of the aforementioned article.

For these purposes, when the reporting entity holds the economic rights inherent to the status of partner of a temporary joint venture, subject to the special regime, it shall record in boxes [01320] and [01321] "Temporary joint venture, adjustments to art. 45.1 LIS" page 13 of form 200, all adjustments corresponding to the imputations of article 43 of the LIS, when they are carried out on the date of completion of the tax period of the UTE :

  • In boxes [01320] and [01321] you must record the corrections that apply for the positive or negative tax bases that have been attributed to the profits or losses that must be included in the tax base.

  • In box [01321] of decreases, the net financial expenses that, according to article 43.1.b) of the LIS, have been imputed to their partners by said groups in the tax period will be included.

  • Likewise, in box [01321] of decreases, the amount of dividends and profit shares obtained and recorded in the tax period subject to declaration will be included, provided that they come from tax periods in which the entity that distributes the dividends or profits was in one of this special regime and correspond to partners or members who must bear the imputation of the tax base.

Keep in mind:

In these boxes [01320] and [01321] all adjustments corresponding to the imputations made by the UTE in application of article 43 of the LIS will be recorded, provided that said imputations are carried out on the date of completion of the tax period . If the UTE's imputations are made in the following tax period in accordance with the provisions of article 46.2 of the LIS, the adjustments corresponding to said imputations will be recorded in boxes [ ] and [01019] "Temporary union of companies, adjustments based on temporary imputation criteria (art. 46.2 LIS)" .

Temporary joint ventures may also impute to the partners the capitalization reserve that they have not applied in the tax period. This reduction will not be included in box [01321], but must be included in box [01032] "Capitalization reserve" on page 14 of form 200.

3. Temporary union of companies adjustments for exempt income of UTE operating abroad (boxes 00184 and 00544)

Partners or member companies of the UTE must make the following corrections in boxes [ ] and [00544] "Temporary union of companies, adjustments for exempt income of UTE operating abroad (art. 45.2 LIS)" on page 13 of form 200:

  • Article of the LIS establishes that member companies of a temporary joint venture that operates abroad may benefit from the exemption provided for in Article 22 or deduction for double taxation provided for in Article 31 of this Law for income from abroad, provided that the requirements established therein are met.

    For these purposes, partners or member companies of temporary joint ventures operating abroad will record in boxes [00184] and [00544] the adjustments that apply for obtaining said income obtained abroad, covered by the exemption of article 22 of the LIS or the deduction for double taxation provided for in article 31 of the LIS.

  • Section 6 of the sixteenth transitional provision of the LIS establishes that in the case of a temporary union of companies that, having benefited from the exemption regime provided for in article 50 of the RDLeg. 4/2004, as amended in force for tax periods beginning before 1 January 2015, had obtained negative net income abroad that had been included in the tax base of the member entities in tax periods beginning before 1 January 2013, when in successive years the temporary union obtains positive income, the member companies will include in their tax base, in a positive capacity, the previously imputed negative income, up to the limit of the amount of said positive income.

    Therefore, by virtue of the above, when the UTE obtains positive income in successive periods, the partners or member companies must make a positive adjustment in box [00184] of increases, for the amount of the previously imputed negative income, with the limit of the amount of said positive income.

4. Adjustments for exempt income from participation abroad in collaboration formulas similar to UTE (boxes 01022 and 01023)

The regulation provided for in section 6 of the sixteenth transitional provision of the LIS and in article 45.2 of the LIS, applies in the same terms established in the previous section, to entities that participate in works, services or supplies that they carry out or provide abroad through collaboration formulas analogous to temporary unions, for which reason their partners or member companies must make the following adjustments in boxes [ ] and [01023] "Temporary union of companies, adjustments for participating abroad in collaboration formulas analogous to UTES (art. 45.2 LIS)" on page 13 of form 200:

  • In application of the provisions of section 6 of the sixteenth transitional provision of the LIS, a positive adjustment must be made in box [01022] of increases, for the amount of the previously imputed negative income, with the limit of the amount of said positive income.

  • According to the provisions of article 45.2 of the LIS , in boxes [01022] and [01023] the adjustments that arise from obtaining income obtained abroad that are eligible for the exemption of article 22 of the LIS or the deduction for double taxation provided for in article 31 of this Law will be recorded.

5. Temporary union of companies, adjustments for the application of the criteria of temporary imputation (boxes 01018 and 01019)

Pursuant to the provisions of article 46.2 of the LIS , if the imputations made by the UTE to its partners in application of article 43 of the LIS are carried out in the tax period following the end of the UTE's tax period, all adjustments corresponding to said imputations must be recorded in boxes [01018] and [01019] "Temporary union of companies, adjustments based on temporary imputation criteria (art. 46.2 LIS)".

Likewise, the adjustment will be included in boxes [01018] and [01019] for the purpose of cancelling the amount incorporated in the accounting result of the member entity from its participation in the UTE, even if it is made in a tax period other than that of integration in its declaration of the imputations that correspond to it.