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Practical Manual for Companies 2023.

Specialties of the tax regime

Regulation: Article 9 Law 11/2009

The SOCIMI that opt for the application of this special tax regime will be governed by the provisions of the Corporate Tax Law, without prejudice to the special provisions provided for in Law 11/2009:

  1. They will pay taxes at the rate of 0 percent in corporate income tax.

  2. In the event that they generate negative tax bases , they will not be able to apply the provisions of article 26 of the LIS .

  3. They may not apply the deductions and bonuses regime established in Chapters II, III and IV of Title VI of the LIS.

  4. In the event that fails to comply with the 3-year permanence requirement , referred to in article 3.3 of Law 11/2009 or when, whatever the cause, the company is taxed under a different regime in the Corporate Tax before the end of said period:

    • In the case of properties , it will entail the taxation of all income generated by these properties in all tax periods in which this special regime would have been applicable, in accordance with the general regime and the general tax rate of the Corporate Tax.

    • In the case of shares or participations , it will entail the taxation of that part of the income generated on the occasion of the transfer, in accordance with the general regime and the general rate of the Corporate Tax.

    All these regularizations will be carried out in accordance with the provisions of article 125.3 of the LIS.

  5. The dividends or profit shares distributed by the SOCIMI for which the special regime provided for these entities has been applied will be subject to withholding or payment on account, when the recipient is a taxpayer of the Corporate Tax, of the IRNR with and without a permanent establishment or of the IRPF .

    There will be no obligation to withhold when the recipient is an entity that meets the requirements for the application of Law 11/2009.