Special liens

1. Special tax on distributed profits

• Tax rate

  SOCIMIs will be taxed at a special rate of 19 percent on the full amount of dividends or profit shares distributed to partners when:

  • The participation in the share capital of the entity is equal to or greater than 5 percent and

  • Such dividends at the headquarters of its partners are exempt or taxed at a rate of less than 10 percent.

  This tax will be considered as quota of the Corporate Tax .

  This tax will not apply when the partner receiving the dividend is an entity to which Law 11/2009 applies.

  It will also not apply when dividends or profit shares are received by non-resident entities whose main corporate purpose is the holding of shares in the capital of other SOCIMIs or in other entities not resident in Spanish territory that have the same corporate purpose as those and that are subject to a regime similar to that established for SOCIMIs in terms of the mandatory, legal or statutory policy for the distribution of profits, with respect to those partners who:

  • They hold a stake equal to or greater than 5 percent in the share capital of those companies, and

  • Tax on such dividends or profit shares at least at the tax rate of 10 percent .

• Accrual

  This tax will be accrued on the day of the profit distribution agreement by the general meeting of shareholders or competent body.

• Self-assessment and payment

  The amount of the special tax must be self-assessed and entered through the form 217 approved by Order HFP /1922/2016, of December 19, within two months from the accrual date. .

  Your presentation will be made compulsorily by electronic means .

  This special tax does not apply and, therefore, there will be no obligation to submit form 217 the following cases:

  • When the dividend is received by an entity to which Law 11/2009 applies.

  • When dividends or profit shares are received by non-resident entities whose main corporate purpose is the holding of shares in the capital of other SOCIMIs or in that of other entities not resident in Spanish territory that have the same corporate purpose as those and that are subject to a regime similar to that established for SOCIMIs in terms of the mandatory, legal or statutory policy for the distribution of profits, with respect to those partners who:

    • They hold a stake equal to or greater than 5 percent in the share capital of those companies, and

    • Tax on such dividends or profit shares at least at the tax rate of 10 percent .

2. Special tax on undistributed profits

• Tax rate

  With effect for tax periods beginning on after 1 January 2021, SOCIMIs be taxed at a rate of on the amount of profits obtained in the year in which they are not subject to distribution, in the part that comes from income has not been taxed at the general corporate tax rate and is not income subject to the 3 reinvestment period regulated in letter ) of article 6.1 of Law 11/2009.

  This tax will be considered as quota of the Corporate Tax .

• Accrual

  This special tax will be accrued on the day of agreement on the application of the results of fiscal year by the general meeting of shareholders, or equivalent body.

• Self-assessment and payment

  The amount of the special tax must be self-assessed and entered through the form 237 approved by Order HFP /1430/2021, of December 20, within two months from the accrual date .

  Your presentation will be made compulsorily by electronic means .