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Practical Manual for Companies 2023.

Choice of method

The taxpayer may choose one or another method of split payment.

Notwithstanding the foregoing, only the following taxpayers are required to comply with the modality regulated in article 40.3 of the LIS :

  • Whose net turnover amount has exceeded the amount of 6 million euros during the 12 months prior to the date on which the tax period to which the fractional payment corresponds begins.

  • That they are subject to the Special Regime for Shipping Entities Based on Tonnage established in Chapter XVI of Title VII of the LIS. These taxpayers must take into account that the application of the modality of article 40.3 of the LIS will be carried out on the tax base calculated in accordance with the rules established in article 114 of the LIS, and applying the percentage referred to in article 115 of the LIS, without computing any deduction on the part of the quota derived from the part of the tax base determined according to the provisions of section 1 of article 114 of the LIS.

Taxpayers must exercise option in the corresponding census declaration, taking into account that:

  • If the tax period to which the aforementioned option refers coincides with the calendar year, the option will be exercised during the month of February.

  • If it does not coincide with calendar year , the option must be exercised in the corresponding census declaration, during the period of two months from the beginning of said tax period, or within the period between the beginning of said tax period and the end of the period to make the first fractional payment corresponding to the aforementioned tax period, when this last period is less than two months.

The exercise of the option will bind taxpayer with respect to the payments corresponding to the same tax period and subsequent ones, as long as it is not waived through the corresponding census declaration, which must be exercised within the same time periods established in the previous paragraph.