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Practical Manual for Companies 2023.

Tax regime of the entry-exit of the special tax regime

Regulation: Article 12 Law 11/2009

1. Entities that are paying taxes under a different tax regime, and opt for the application of the special regime of the SOCIMI

They must act as follows:

  • The tax adjustments pending reversal in the tax base at the time of application of this regime will be integrated in accordance with the general regime and the general tax rate of the Corporate Tax.

  • The negative tax bases that were pending compensation at the time of application of this regime, will be offset against the positive income that, where applicable, is taxed under the general regime, in the terms established in article 26 of the LIS .

  • The income derived from the transfer of real estate owned prior to the application of this regime , from shares in other companies referred to in article 2.1 of Law 11/2009, as well as from other assets, carried out in tax periods in which the SOCIMI regime is applicable, shall be deemed to be generated, unless proven otherwise, in a straight-line manner during the period of ownership of the property, share or other asset transferred.

    As regards the part of said income attributable to previous tax periods, it will be taxed by applying the tax rate and tax regime prior to the application of the SOCIMI regime.

  • The deductions in the full quota pending application , will be deducted from the full quota that, where applicable, comes from the application of the general regime, in the terms established in Title VI of the LIS.

2. Entities that were paying taxes under the special SOCIMI regime and are now paying taxes under a different regime

The income derived from the transfer of real estate or shares in other entities referred to in article 2.1 of Law 11/2009, held at the beginning of the tax period in which the company starts to pay taxes under another different tax regime, carried out in tax periods in which that other regime is applicable, will be understood to be generated, unless proven otherwise, in a linear manner throughout the period of ownership of the transferred property or share.

As regards the part of said income attributable to the tax period in which the SOCIMI regime was applied, it will be taxed according to the provisions of Law 11/2009.