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Practical Handbook for Companies 2025.

A) Calculation of the payment by instalments: article 40.2 of the LIS

Keep in mind:

In order to complete the boxes in subsection A) corresponding to the calculation of the split payment applying the modality of article 40.2 of the LIS, the box "Settlement under article 40.2 LIS" in the "Settlement" section of form 202 must be previously checked.

Box 01. Basis of split payment

  1. In the case of entities that pay taxes exclusively to the State, the following will be taken as the basis for the fractional payment:

    The full amount of the last tax period for which the declaration deadline expired on the 1st of the corresponding month (April, October and December), less any deductions and allowances, as well as any withholdings and payments on account corresponding to that period, provided that said tax period was annual (box "Result" corresponding to the State, in the Corporate Income Tax declaration form).

  2. When the last completed tax period is less than a year long, the proportional part of the tax rate from previous tax periods will also be taken into account, until a period of 12 months is completed. In this case, the basis for the split payment will be determined by the algebraic sum of the installments of the tax periods considered.

    If the period covered by the computed tax periods exceeds the minimum of 365 days, for the purposes of the aforementioned algebraic sum, the following percentage of the tax period's quota will be taken as the quota for the most remote tax period:

    (Days remaining to compute 365 ÷ Duration of the tax period) × 100

    • A company that starts its activity will not have to present a fractional payment, provided that it does not choose to do so in the manner provided for in article 40.3 of the LIS because there is no basis for its calculation.

    • If the last completed tax period lasted less than a year and was the period in which the entity began its activity, the quota that must be taken as a basis for calculating the fractional payment will be the one corresponding to said period, since there is no quota from previous tax periods that allows a 12-month period to be completed and the regulations do not contemplate raising it to one year for this case.

  3. The Spanish economic interest groups and temporary business associations covered by the special regime regulated in Chapter II of Title VII of the LIS will take as the basis for the split payment the full quota corresponding to the part of the taxable base that corresponds to non-resident partners without permanent establishment in Spanish territory, reduced by the concepts mentioned in letter a) above that, in direct proportion to their percentage of participation, correspond to the aforementioned partners.

  4. In the event of merger , the basis of the fractional payments corresponding to the first tax period once the operation has been carried out will be determined by the algebraic sum of the bases that would have resulted in the transferring companies if the operation had not been carried out.

    Otherwise, when there is no base tax period or this is the first since the transaction was carried out and lasts less than a year, the data from the immediately preceding tax periods of the transferring companies will be computed.

    In a absorption operation and once it has been carried out, the base of the fractional payments of the acquiring company corresponding to the tax period in which it was carried out will be increased by the bases of the fractional payment of the transmitting companies that would have resulted if said operation had not been carried out. Otherwise, and as long as the base tax period does not cover a minimum period of 365 days of the company, once such operation has been carried out, the data from the immediately preceding tax periods of the transferring companies will also be computed.

  5. In the case of entities that must pay taxes jointly to the State and the Provincial Councils of the Basque Country and/or the Chartered Community of Navarre, to determine the basis of the fractional payments that must be entered, where applicable, the boxes corresponding to the "Result (State and Provincial Councils/Navarra)" of the Corporate Income Tax declaration form relating to the tax period on account of which the fractional payment is made will be added. The proportion of the volume of operations carried out in common territory determined in the last tax return-settlement will be applied to the amount thus obtained.

Box 03. Amount to enter

It will be the result of applying the percentage of 18 percent to the amount calculated as the basis for the fractional payment (box [01]) in each of the periods of April, October or December.

When the declaration is complementary from another previously submitted, the amount calculated as expressed in the previous paragraph must be subtracted by the amount of the split payment that was entered at the time (box [02]).

The amount to be entered must be expressed with two decimals. For this purpose, if necessary, the amount will be rounded up or down to the nearest cent. In the event that the last figure of the amount obtained as a result of applying the percentage to the base of the split payment is exactly half a cent, the rounding will be carried out to the next higher figure.

Example:

Limited Company "M", whose financial year coincides with the calendar year, filed on July 5, 2025, the Corporate Income Tax return corresponding to the 2024 financial year, with a full tax liability of 12,000 euros, without any deduction or bonus being applied. It suffered withholdings of 2,000 euros in the 2024 financial year. The company does not choose to calculate the split payment according to the method provided for in article 40.3 of the LIS and is not obliged to calculate it according to said method.

  • Installment payments that you must make in 2026:

    First payment. First twenty calendar days of April 2026>:

    Basis of split payment: (12,000 - 2,000) = 10,000 euros.

    18% of 10,000 euros = 1,800 euros, which, according to form 202, must be paid.

    On July 11, 2026, the corresponding declaration for the 2025 tax year was filed, with a total tax liability of 3,000 euros, without any deduction or bonus having been applied. The withholdings incurred in the 2025 financial year amounted to 500 euros.

  • Second payment. First twenty calendar days of the month of October 2026.

    18% of (3,000 - 500) = 450 euros, which, according to form 202, must be paid.

  • Third payment. First twenty calendar days of the month of December 2026.

    18% of (3,000 - 500) = 450 euros, which, according to form 202, must be paid.

    Total installment payments on account of the settlement for the 2026 financial year made by Company "M": 2,700 euros.

    Furthermore, assuming that the taxable base for the 2026 financial year amounts to 12,000 euros, without any deductions or allowances being applicable, and no withholdings or payments on account have been made, the settlement of the Corporate Income Tax corresponding to the 2026 tax period will be the following (assuming that the general tax rate of 25 percent of the Corporate Income Tax of article 29.1 of the LIS is applicable):

    • Full share = 12,000 x 25% = 3,000 euros.

    • Amount to be paid = 3,000 - 2,700 = 300 euros.

    As can be seen, the amount of the installment payments is applied for the purpose of calculating the amount to be paid or refunded for the year to which the installment payment refers (in this case, 2026).