FAQ (HTML version)
Frequently asked questions about the Financial Transactions Tax in HTML version (12/19/23)
Tax return and payment
Yes, you must submit the self-assessment of the tax corresponding to the settlement period with the information required for this purpose and without any payment being made regarding said exempt operations.
The Tax on Financial Transactions must be submitted electronically via the Internet by submitting form 604 and its informative annex.
To complete form 604 and its informative annex, the forms available at the electronic headquarters of the AEAT or a computer program that allows obtaining the corresponding files may be used.
Until 2023 included:
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Both the informative annex and the self-assessment must be submitted exclusively to the AEAT .
From 2024:
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The list of companies whose market capitalization on December 1 of the previous year exceeds 1,000 million euros, which is published annually in the electronic headquarters of the AEAT , adds a column in which it is indicated the competent administration for the levy (depending on the registered office of the entity whose shares are the subject of the Tax).
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Informative annex:
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The informative annex will be presented necessarily to the AEAT . It will include all subject operations regardless of the administration to which the levy corresponds.
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If the informative annex includes acquisitions of shares of companies with registered office in the Basque Country or Navarra (see list of entities published in the Electronic Headquarters), it must also be submitted to the corresponding Provincial Treasury when required (for these purposes, you must contact each Foral Treasury).
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Self-assessment
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From the informative annex, you must determine the operations that correspond to AEAT and each of the Foral Treasurys.
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Once the previous step has been completed, form 604 will be completed and presented in which the operations that correspond to AEAT will be self-assessed and information on the operations that correspond to each of the Foral Treasurys will be included. .
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If there are operations that correspond to any of the Provincial Treasurys, the same self-assessment will be submitted to them adjusted to the model and deadlines determined by each of them.
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The settlement period coincides with the calendar month.
The submission period is from the 10th to the 20th of the month following the corresponding monthly settlement period.
However, for this first year of application, 2021, the presentation and entry of the self-assessments corresponding to the months of January and February 2021 will be carried out within the period provided for the presentation and entry of the self-assessment corresponding to the month of March 2021 (April 10 to 20, 2021).
If the presentation corresponds to 2024 and following, you must consult the presentation deadlines established by the Provincial Treasury of the Basque Country and Navarra for the presentation of the annexes and self-assessments that must be presented to them (see FAQ 6.32 What is the procedure for the presentation from January 1, 2024?).
Form 604 and its informative annex will be presented by the taxable person of the Tax except in cases in which, in accordance with the provisions of the Tax Regulations, it is mandatory or the presentation through a central depository has been chosen. securities (DCV) established in Spanish territory in the name and on behalf of the taxable person.
To address this issue, first of all, it is necessary to distinguish whether the acquisitions of securities are recorded in accounts linked to a registration system run by a central securities depository (DCV) established in Spanish territory or in a registration system charge of a DCV established outside Spanish territory:
If the acquisitions are recorded in accounts linked to a registration system run by a DCV established in Spanish territory, form 604 and its informative annex will be presented through said DCV in the following cases:
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Mandatory, when the taxpayers, whether acting on their own or on behalf of others, have an account in the central registry of the central securities depository established in Spanish territory or have an account in the detailed records of any of the entities participating in said central securities depository .
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When taxable persons not included in letter a) above opt for presentation through the DCV established in Spanish territory. To do this, taxable persons will designate at least one participating entity in said DCV.
If the acquisitions are recorded in accounts linked to a registration system run by a DCV established outside Spanish territory, form 604 and its informative annex may be submitted through a DCV established in Spanish territory:
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Optionally, when there is a collaboration agreement between a DCV established in Spanish territory and the DCV established outside Spanish territory.
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Optionally and in the absence of the collaboration agreement referred to in letter a) above, when the CSD established outside Spanish territory is included in the third-party account of an entity participating in a CSD established in Spanish territory designated by the issuing entity to the maintenance of the accounting record of the securities, and there is a prior agreement for the presentation between the DCV located outside Spanish territory and the aforementioned participating entity.
Taxpayers who have an account with the DCV established outside Spanish territory or in one of its participating entities may take advantage of this option.
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Optionally, when there is an express agreement between the taxable person and an entity participating in a DCV established in Spanish territory.
This agreement will include all acquisitions recorded in accounts linked to a registration system run by a DCV established outside Spanish territory, except those with respect to which the taxable person has exercised the presentation options provided for in letters a) and b) above. , unless you decide to include them in this option.
The provisions of this letter c) will also be applicable when the taxable person is an entity participating in a DCV established in Spanish territory, in which case the agreement will not be necessary.
When any of the acquisitions must be declared, compulsorily or by option, through a DCV established in Spanish territory, the self-assessment presented by said DCV will include all acquisitions subject to the Tax made in the liquidation period.
In the informative annex of form 604, the following must be reported for each operation record:
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If the transaction is declared by the taxable person: Field 116 of the type 2 record of the informative annex must be completed with an “X”.
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If the operation is declared through the central securities depository and the reason why it is done like this: The type of presentation case through the DCV located in Spanish territory must be completed in field 117 of the type 2 record of the informative annex in accordance with the following keys:
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Code “A” - Assumption provided for in article 3.a) of the ITF Regulations.
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Code “B” - Assumption provided for in article 3.b) of the ITF Regulations.
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Code “C” - Assumption provided for in article 4.1.a) of the ITF Regulations.
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Code “D” - Assumption provided for in article 4.1.b) of the ITF Regulations.
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Code “E” - Assumption provided for in article 4.1.c) of the ITF Regulations.
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Code “F” - Assumption provided for in article 2.2 of the ITF Regulations.
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Example 1.Taxable subject of the tax, which is a participating entity in the Spanish DCV, carries out or intervenes in an acquisition of securities subject to the tax, on its own account or on behalf of a client, which is reflected in the registration system in charge of the aforementioned DCV.
The taxable person must file and pay the tax self-assessment through the Spanish DCV (article 3.a) of the RDITF).
The information and the amount of the tax will be sent to the Spanish DCV by the taxpayer himself, an entity participating in said DCV.
Example 2.Taxable subject of the tax, who is not a participating entity in the Spanish CSD, but who has an account in the detail record of a participating entity in said Spanish CSD of which he is a client, carries out or intervenes in an acquisition of securities subject to the tax, on their own account or on behalf of a client, which is reflected in the registration system in charge of the aforementioned DCV.
The taxable person must file and pay the tax self-assessment through the Spanish DCV (article 3.a) of the RDITF).
The information and the amount of the tax will be sent to the Spanish DCV by the participating entity in which the taxable person has an account.
This assumption will also be applicable in the event that the participating entity is another central securities depository established outside Spanish territory.
Example 3 . Taxable subject of the tax, who is not a participating entity in the Spanish DCV and who does not have an account in the detailed record of a participating entity in said Spanish DCV, carries out or intervenes in an acquisition of securities subject to tax, on his own account or for account of a client, which is reflected in the registration system in charge of the aforementioned DCV.
The taxable person may choose to submit and pay the tax self-assessment through the Spanish DCV (article 3.b) of the RDITF).
The information and the amount of the tax will be sent to the Spanish DCV by a participating entity previously designated by the taxable person. Said participating entity will be one whose accounts in the Spanish DCV participate in the chain of custody of the securities object of acquisition.
Example 4. A taxable person carries out or intervenes in an acquisition of subject securities that is reflected in the registration system in charge of a foreign DCV. There is a collaboration agreement between the foreign DCV and the Spanish DCV.
The taxable person may choose to submit and pay the tax self-assessment through the Spanish DCV (article 4.1.a) of the RDITF).
The information and the amount of the tax will be sent to the Spanish DCV by the foreign DCV in accordance with the procedure established in the corresponding collaboration agreement.
Example 5. A taxable person carries out or intervenes in an acquisition of subject securities that is reflected in the registration system in charge of a foreign DCV. There is no collaboration agreement between the foreign DCV and the Spanish DCV. The foreign DCV appears in the third-party account of an entity participating in the Spanish DCV, in charge of maintaining the accounting record corresponding to the issuance of the securities.
The taxable person may choose to submit and pay the self-assessment of the tax through the Spanish DCV when there is an agreement for these purposes between the aforementioned participating entity and the foreign DCV and provided that the taxable person has an account in the aforementioned foreign DCV or in one of its participating entities (article 4.1.b) of the RDITF).
The information and the amount of the tax will be sent to the Spanish DCV by the participating entity in which the foreign DCV has the account.
Example 6. A taxable person carries out or intervenes in an acquisition of subject securities that is reflected in the registration system in charge of a foreign DCV. There is no collaboration agreement between the foreign DCV and the Spanish DCV and the circumstances provided for in the previous example do not exist.
The taxable person may choose to submit and pay the self-assessment of the tax through the Spanish DCV when the former expressly agrees to do so with an entity participating in the latter. This agreement will not be necessary if the taxable person is a participating entity in the Spanish DCV (article 4.1.c) of the RDITF).
The information and the amount of the tax will be sent to the Spanish DCV by the participating entity with which the taxable person has concluded the agreement or by the taxable person himself, if he has the status of participating entity in said Spanish DCV.
Please note that the presentation and entry of the self-assessment through the Spanish DCV, in all these examples, will force the taxpayer to follow this procedure with respect to all subject securities acquisitions that correspond to the same settlement period.
The information and the amount of the tax corresponding to the remaining acquisitions must be sent to the Spanish DCV through the participating entity designated by the taxable person, and which in examples 1,2,3, 5 and 6 must be as provided. in such examples. The designation of a participating entity will not be necessary for taxable persons who have such status.
In accordance with article 2.2.a) of the Tax Law, the acquisition of deposit certificates representing shares subject to tax will be taxed in the terms indicated in said article.
The taxable person may choose to submit and pay the self-assessment of the tax through a Spanish CSD if a collaboration agreement between said Spanish CSD and a foreign CSD is applicable, when the annotation of the acquisitions of deposit certificates subject to is carried out in accounts linked to the registration system of said foreign CSD (article 4.1.a) of the RDITF). In this case, the information and the amount of the tax will be sent to the Spanish DCV by the foreign DCV in accordance with the procedure established in the corresponding collaboration agreement.
In the absence of a collaboration agreement, the taxpayer may opt to submit and pay the tax self-assessment through a Spanish CSD if this is expressly agreed with an entity participating in said Spanish CSD (article 4.1.c) of the RDITF). . The information and the amount of the tax will be sent to the Spanish DCV by the aforementioned participating entity. This agreement will not be necessary if the taxable person is a participating entity in the Spanish DCV.
To submit form 604 and its informative annex, the following are required:
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The taxable person must have a NIF, or failing that, be assigned an Individual Identification Code (CII).
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The presenter must have a NIF 0 CII.
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The presenter must have an electronic certificate.
It is the code that identifies those taxpayers of the Tax who do not have a Spanish tax identification number.
The individual identification code may only be used for the procedures associated with the presentation of form 604 and its informative annex.
This code may not be used for any other purpose.
The individual identification code is obtained through a request that will be submitted through the electronic headquarters of the State Tax Administration Agency, in which the identifying data of the taxable person will be provided to allow their univocal identification.
The request for the individual identification code will be submitted prior to the presentation of form 604 and its informative annex.
This procedure can be accessed at the following link:
https://sede.agenciatributaria.gob.es/Sede/en_gb/procedimientoini/GC44.shtml
Note: Applications for the allocation of the CII submitted by entities that do not have the status of taxpayers of the Financial Transaction Tax will not be accepted.
In any case, the request for the assignment of the individual identification code may be submitted by the taxable person.
However, in cases where form 604 is submitted through the Central Securities Depository established in Spanish territory, the application may also be submitted through said DCV.
The presentation of form 604 and its informative annex is carried out in accordance with the following procedure:
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The taxable person who does not have NIF must obtain the individual identification code in advance.
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The taxable person will communicate to DCV , directly or through its participating entities, the information collected in article 5.2 of the Regulation of the Tax on Financial Transactions. The communication will be made before the 10th of the month following the corresponding monthly settlement period. The information will comply with the technical requirements determined by the DCV.
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The taxable person who does not have the status of participating entity in the DCV established in Spanish territory, must pay the participating entity in whose detail record he has an account or which he has designated, the amount derived of self-assessment. The payment will be made before the 10th of the month following the corresponding monthly settlement period.
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The DCV established in Spanish territory, between the 10th and 20th of the month following the corresponding monthly settlement period, will present form 604 and its informative annex in the name and on behalf of each taxable person. , presenting the annex first and stating in form 604 the supporting document number obtained when the annex was submitted.
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The DCV established in Spanish territory, between the 10th and 20th of the month following the corresponding monthly settlement period, will enter the amount derived from the self-assessments.
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For 2024 and following, if in a period there are operations that correspond to any of the Provincial Treasury of the Basque Country or Navarra, you must present to them the informative annex (when the corresponding Provincial Treasury requires it) and the self-assessment adjusted to the model and deadlines that they determine. (See FAQ 6.2 How is the self-assessment of the Financial Transactions Tax submitted? )
The presentation of form 604 and its informative annex is carried out in accordance with the following procedure:
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The taxable person who does not have NIF must obtain the individual identification code in advance.
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The taxable person who does not have an electronic certificate must obtain it in advance.
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The taxable person must pay the debt derived from form 604 in accordance with the procedure described in article 7.a) of Order HAP/2194/2013, of November 22. If you do not have an account opened in any collaborating entity in the collection management, payment can be made by transfer.
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The taxable person will submit the informative annex of form 604 between the 10th and 20th of the month following the corresponding settlement period.
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Once the annex has been presented and between the 10th and 20th of the month following the corresponding settlement period, the taxable person will present form 604, stating the receipt number obtained in the presentation of the annex and, where applicable, the complete reference number obtained. when making payment.
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For 2024 and following, if in a period there are operations that correspond to any of the Provincial Treasury of the Basque Country or Navarra, you must present to them the informative annex (when the corresponding Provincial Treasury requires it) and the self-assessment adjusted to the model and deadlines that they determine. (See FAQ 6.2 How is the self-assessment of the Financial Transactions Tax submitted? )
Yes, self-assessment can result in zero.
For example, the result could be zero if all included operations are exempt.
No, model 604 cannot have a negative result.
The general procedures for correcting errors in submitted self-assessments apply to model 604 and the informative annex: complementary self-assessment (1) and request for rectification of self-assessments.
Furthermore, in the Tax on Financial Transactions, when in relation to an operation that has given rise to the payment of tax due for the tax, the taxpayer establishes an error or other circumstances for which it must be rectified, and this results in the inadmissibility or excess of the tax amount paid for said operation, the taxable person may carry out the rectification of the operation in any self-assessment of the tax that is presented within the period of four years following the date of payment of the aforementioned tax fee, reducing said fee or excess of the amount of the fee to be paid corresponding to the self-assessment in which the rectification is carried out, without in any case the result of the latter being negative. .
This special rectification procedure will be incompatible with the ordinary procedure for rectification of self-assessments provided for in article 120.3 of the LGT and in articles 126 to 128 of the RGAT.
(1) In the case of the Tax on Financial Transactions, the procedure for submitting the complementary self-assessment will be as follows:
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Firstly, a complementary informative annex will be presented, entering “C” in position 121 of the type 1 record and the supporting document number of the annex to which it complements in positions 123-135 of the type 1 record.
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Once the complementary informative annex has been presented, form 604 will be presented, indicating that it is a complementary self-assessment and stating the receipt number of form 604 to which it complements.
The complementary self-assessment and regularization through the procedure provided for in the second paragraph of this question will be presented by the DCV or by the taxable person, depending on whether the presentation of form 604 corresponds to one or the other.
The rectification in accordance with the ordinary procedure for rectification of self-assessments provided for in article 120.3 of the LGT and in articles 126 to 128 of the RGAT, will be submitted by the taxable person.
Individually for each operation. However, intraday operations that give rise to the calculation of a tax base in the terms provided for in article 5.3 of the Tax Law will be declared as a single record (in this case they are grouped).
It is the reference assigned by the taxable person to each operation that allows its univocal identification.
No, for each operation the type code of the reason for presentation will be entered through the DCV established in the corresponding Spanish territory.
In the case of opting for presentation and deposit through the central securities depository established in Spanish territory, the option will take effect at least in the monthly settlement period following the month in which the communication of the option was made and in the subsequent monthly periods as long as its revocation is not communicated.
These keys are those provided in field 117 of the type 2 record of the informative annex. Depending on the type of presentation case through the DCV located in Spanish territory, there are the following keys:
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Code “A” - Assumption provided for in article 3.a) of the ITF Regulations.
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Code “B” - Assumption provided for in article 3.b) of the ITF Regulations.
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Code “C” - Assumption provided for in article 4.1.a) of the ITF Regulations.
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Code “D” - Assumption provided for in article 4.1.b) of the ITF Regulations.
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Code “E” - Assumption provided for in article 4.1.c) of the ITF Regulations.
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Code “F” - Assumption provided for in article 2.2 of the ITF Regulations.
Yes, it is mandatory to indicate for each operation whether it is for own account or for someone else's account.
This information must be provided through the informative annex of form 604 for each operation. Specifically, this information will be provided by completing field 114 of the type 2 record of the aforementioned annex, with one of the following two keys, depending on whether it is submitted on your own or on behalf of a third party:
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Key “P”: If the transaction is executed by the taxable person on his own account.
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Key «A»: If the transaction is executed by the taxpayer on behalf of third parties.
No. For the same settlement period, the presentation of form 604 and its informative annex must be carried out by the central securities depository or by the taxpayer in accordance with the criteria included in the frequently asked question When is the form presented? 604 and its informative annex through the Central Securities Depository (DCV) established in Spanish territory? .
If you opt for the presentation and entry of self-assessments through the DCV, the option will take effect at least in the monthly settlement period following the month in which said option has been communicated and in subsequent monthly periods as long as its effect is not communicated. revocation.
For the same operation, the concurrence of different causes of exemption is possible, which may be recorded in accordance with the following keys and positions of record type 2 of the informative annex:
Position 260: key “A” (exemption article 3.1.a) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 261: code “B” (exemption article 3.1.b) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 262: code “C” (exemption article 3.1.c) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 263: key “D” (exemption 3.1.d) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 264: code “E” (exemption article 3.1.e) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 265: code “F” (exemption article 3.1.f) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 266: code “G” (exemption article 3.1.g) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 267: code “H” (exemption article 3.1.h) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 268: key “I” (exemption article 3.1.i) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 269: code “J” (exemption article 3.1.j) of Law 5/2020 of October 15, on the Tax on Financial Transactions)
Position 270: code “K” (exemption article 3.1.k) of Law 5/2020 of October 15, on the Tax on Financial Transactions)
Position 271: code “L” (exemption article 3.1.l) of Law 5/2020, of October 15, on the Tax on Financial Transactions)
Position 272: code “M” (Other exemption cases. When this code is used, it will be mandatory to indicate the exemption applied in the “Description” field (positions 387-430 record type 2). This key will be used in particular for:
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The exemption provided for in Transitional Provision 41 of Law 27/2014. (Only for the periods 01-2022 to 07-2023). DT41 will be indicated in the description field.
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The exemption provided for in article 3.1.m) of Law 5/2020, of October 15, on the Tax on Financial Transactions. (For periods 07-2022 and following). 3.1.M will be indicated in the description field.
The date of registry entry will be recorded, which will coincide, in the case of operations that are subject to liquidation, with the effective liquidation date. However, when the taxable person has opted for the theoretical settlement date for the purposes of tax settlement in the terms provided for in article 9 of the RDITF, the theoretical settlement date will be entered.
For the same operation, only one key may be used to indicate the method of determining the tax base, using one of the following keys provided for in position 191 of record type 2 of the informative annex:
Key «A»: This key will be entered when the tax base is constituted by the amount of the consideration without including the transaction costs derived from the prices of the market infrastructures, nor the intermediation commissions, nor any other expense associated with the operation. (Article 5.1 of the Financial Transaction Tax Law).
Key “B”: This key will be entered when the tax base is constituted by the value corresponding to the closing of the most relevant regulated market due to liquidity of the security in question on the last trading day prior to the transaction. (Article 5.1 of the Financial Transaction Tax Law).
Key «C»: When the acquisition of securities comes from convertible or exchangeable bonds or obligations or other negotiable securities that give rise to the acquisition, the tax base will be the value established in their issuance document. (Article 5.2.a) of the Financial Transactions Tax Law).
Key "D": When the acquisition comes from the execution or settlement of options or other derivative financial instruments that grant a right to acquire or transfer the securities subject to tax, the tax base will be the exercise price established in the contract. (Article 5.2.b) of the Financial Transactions Tax Law).
Key «E»: When the acquisition comes from a derivative instrument that constitutes a forward transaction, the tax base will be the agreed price, unless said derivative is negotiated in a regulated market, in which case the tax base will be the delivery price at which said derivative must be made. acquisition at maturity. (Article 5.2.c) of the Financial Transactions Tax Law).
Key “F”: When the acquisition proceeds from the settlement of a financial contract defined in the fourth paragraph of article 2.1. of Order EHA/3537/2005, of November 10, which develops article 27.4 of Law 24/1988, of July 28, on the Securities Market; The tax base will be the value corresponding to the closing of the most relevant regulated market due to liquidity of the security in question on the last trading day prior to the transaction. (article 5.2.d) of the Financial Transactions Tax Law).
Key “G”: In the case of intraday operations provided for in article 5.3 of the Financial Transaction Tax Law, the tax base established in this same article for these cases.
Example: In January 2021, entity “A”, with NIF XXXXX, which does not have the status of participating entity in the central securities depository, is a taxable subject of the following operation:
Example | |
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Acquisition | as an employee |
Record | Acquisition registered in A's account in an entity participating in the DCV |
Acquired titles | 10,000 |
ISIN code | AAAAA |
Issuer NIF | BBBBB |
Settlement date | 20 January 2021 |
Transaction | non-exempt subject |
P. unit acquisition | 1 |
BI | 10,000x1=10,000 |
Tax payable | 10,000x 1x 0.2/100= 20 |
Date of communication to DVC | 01/02/2021 |
Payment date | 01/02/2021 |
January 2021 Record type 1 of the informative annex (assuming this only operation for this taxable person in this period)
January 2021 Registration type 1 of the informative annex | |
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Record type |
1 |
Form |
ATF |
Financial year |
2021 |
Tax ID/CII |
XXXXX |
Business name |
A |
Annexed identification number |
ATFEEEEE |
Complementary or substitute annex |
in white |
Previous annexed identification number |
in white |
Period |
1 |
Total number op. declared |
1 |
Total number op. non-exempt subject |
1 |
BI total op subject non-exempt |
10,000 (type 2 records in which exempt/non-exempt operation is S and is also not a rectification) |
Total fee op. non-exempt subject |
20 (type 2 records in which exempt/non-exempt operation is S and is also not a rectification) |
Total number op. exempt |
in white |
Total amount op. exempt |
in white |
Total number of rectifications |
in white |
Total BI/amount of rectifications |
in white |
Fee resulting from rectifications |
in white |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
January-2021: Record type 2 of the informative annex.
January-2021: Record type 2 of the informative annex | |
---|---|
Record type |
2 |
Form |
ATF |
Financial year |
2021 |
NIF |
XXXXX |
Period |
1 |
Reference |
CCCCCCCCCC |
Own/employee operation |
A |
Presentation type via DVC |
A |
Assumption of presentation of a taxable person |
in white |
Number of titles acquired |
10,000 |
ISIN code you. Acquired |
AAAAA |
Issuer NIF |
BBBBB |
LEI issuer |
in white |
Settlement/Registration Date |
20/01/2021 |
Execution date |
in white |
Type of non-exempt/exempt operation |
S |
Determination of the tax base |
A |
Number of titles acquired |
in white |
Net securities acquired |
in white |
Total amount of the transactions |
in white |
Tax base op. not exempt |
10,000 |
Exemption case |
in white |
Exempt acquisition amount |
in white |
Tax rate |
20 |
DCV communication date |
01/02/2021 |
Payment date |
01/02/2021 |
Adjustment |
in white |
Rectification exercise |
in white |
Rectification period |
in white |
Rectified BI/Rectified amount |
in white |
Tax liability adjusted |
in white |
Rectification amount (Fee) |
in white |
Rectification result (BI/Amount) |
in white |
Description |
ZZZZZZZ |
January 2021 model 604
January 2021 model 604 | |
---|---|
BI (box 01) |
10,000 |
Fee (box 02) |
20 |
BI rectification (box 03) |
in white |
Quota Rectification (box 04) |
in white |
Exempt op. (box 05) |
in white |
To deduct complementary self-assessment (box 06) |
in white |
Self-assessment result (box 07) |
20 |
Example: In January 2021, entity “A”, with NIF XXXXX, which does not have the status of participating entity in the DCV, is a taxable subject of the following operation:
Example | |
---|---|
Acquisition |
as an employee |
Record |
Acquisition registered in A's account in an entity participating in the DCV |
Acquired titles |
10,000 |
ISIN code |
AAAAA |
Issuer NIF |
BBBBB |
Settlement date |
20/01/2021 |
Transaction |
subject and exempt by article 3.1.b) of Law 5/2020 |
P. unit acquisition |
1 |
Date of communication to DVC |
01/02/2021 |
January 2021 Registration type 1 of the informative annex. (assuming this only operation for this taxpayer in this period)
January 2021 Registration type 1 of the informative annex | |
---|---|
Record type |
1 |
Form |
ATF |
Financial year |
2021 |
Tax ID/CII |
XXXXX |
Business name |
A |
Annexed identification number |
ATFEEEEE |
Complementary or substitute annex |
in white |
Previous annexed identification number |
in white |
Period |
1 |
Total number op. declared |
1 |
Total number op. non-exempt subject |
0 |
BI total op subject non-exempt |
in white |
Total fee op. non-exempt subject |
in white |
Total number op. exempt |
1 |
Total amount op. exempt |
10,000 |
Total number of rectifications |
in white |
Total BI/amount of rectifications |
in white |
Fee resulting from rectifications |
in white |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
January-2021: Record type 2 of the informative annex.
January-2021: Record type 2 of the informative annex | |
---|---|
Record type |
2 |
Form |
ATF |
Financial year |
2021 |
NIF |
XXXXX |
Period |
1 |
Reference |
CCCCCCCCCC |
Own/employee operation |
A |
Presentation type via DVC |
A |
Assumption of presentation of a taxable person |
in white |
Number of titles acquired |
10,000 |
ISIN code you. Acquired |
AAAAA |
Issuer NIF |
BBBBB |
LEI issuer |
in white |
Settlement/Registration Date |
20/01/2021 |
Execution date |
in white |
Type of non-exempt/exempt operation |
E |
Determination of the tax base |
in white |
Number of titles acquired |
in white |
Net securities acquired |
in white |
Total amount of the transactions |
in white |
Tax base op. not exempt |
in white |
Exemption case |
B |
Exempt acquisition amount |
10,000 |
Tax rate |
in white |
DCV communication date |
01/02/2021 |
Payment date |
01/02/2021 |
Adjustment |
in white |
Rectification exercise |
in white |
Rectification period |
in white |
Rectified BI/Rectified amount |
in white |
Tax liability adjusted |
in white |
Rectification amount (Fee) |
in white |
Rectification result (BI/Amount) |
in white |
Description |
ZZZZZZZ |
January 2021 model 604:
January 2021 model 604 | |
---|---|
BI (box 01) |
in white |
Fee (box 02) |
in white |
BI rectification (box 03) |
in white |
Quota Rectification (box 04) |
in white |
Exempt op. (box 05) |
in white |
To deduct complementary self-assessment (box 06) |
in white |
Self-assessment result (box 07) |
0 (blank) |
Example: In January 2021, entity “A”, with NIF XXXXX, which does not have the status of participating entity in the DCV, is a taxable subject of the following operation:
Example | |
---|---|
Acquisition |
as an employee |
Record |
Acquisition registered in A's account in an entity participating in the DCV |
Acquired titles |
10,000 |
ISIN code |
AAAAA |
Issuer NIF |
BBBBB |
Settlement date |
20 January 2021 |
Transaction |
non-exempt subject |
P. unit acquisition |
1 |
BI |
10,000x1=10,000 |
Tax payable |
10,000x 1x 0.2/100= 20 |
Date of communication to DVC |
1 February 2021 |
Payment date |
1 February 2021 |
In February 2021, the taxable person is aware that the previous transaction was exempt under article 3.1.c) of Law 5/2020.
The communication to the DCV takes place on March 1, 2021. In February, it has also carried out two subject and non-exempt operations with a total tax base of 20,000 and a total tax of 40.
January 2021 Record type 1 of the informative annex:
<
January 2021 Registration type 1 of the informative annex | |
---|---|
Record type |
1 |
Form |
ATF |
Financial year |
2021 |
Tax ID/CII |
XXXXX |
Business name |
A |
Annexed identification number |
ATFEEEEE |
Complementary or substitute annex |
in white |
Previous annexed identification number |
in white |
Period |
1 |
Total number op. declared |
1 |
Total number op. non-exempt subject |
1 |
BI total op subject non-exempt |
10,000 (type 2 records in which exempt/non-exempt operation is S and is also not a rectification) |
Total fee op. non-exempt subject |
20 (type 2 records in which exempt/non-exempt operation is S and is also not a rectification) |
Total number op. exempt |
in white |
Total amount op. exempt |
in white |
Total number of rectifications |
in white |
Total BI/amount of rectifications |
in white |
Fee resulting from rectifications |
in white |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
January-2021: Record type 2 of the informative annex
January-2021: Record type 2 of the informative annex | |
---|---|
Record type |
2 |
Form |
ATF |
Financial year |
2021 |
NIF |
XXXXX |
Period |
1 |
Reference |
CCCCCCCCCC |
Own/employee operation |
A |
Presentation type via DVC |
A |
Assumption of presentation of a taxable person |
in white. |
Number of titles acquired |
10,000 |
ISIN code you. Acquired |
AAAAA |
Issuer NIF |
BBBBB |
LEI issuer |
in white |
Settlement/Registration Date |
20 January 2021 |
Execution date |
in white |
Type of non-exempt/exempt operation |
S |
Determination of the tax base |
A |
Number of titles acquired |
in white |
Net securities acquired |
in white |
Total amount of the transactions |
in white |
Tax base op. not exempt |
10,000 |
Exemption case |
in white |
Exempt acquisition amount |
in white |
Tax rate |
20 |
DCV communication date |
01/02/2021 |
Payment date |
01/02/2021 |
Adjustment |
in white |
Rectification exercise |
in white |
Rectification period |
in white |
Rectified BI/Rectified amount |
in white |
Tax liability adjusted |
in white |
Rectification amount (Fee) |
in white |
Rectification result (BI/Amount) |
in white |
Description |
ZZZZZZZ |
January 2021 model 604:
January 2021 model 604 | |
---|---|
BI (box 01) |
10,000 |
Fee (box 02) |
20 |
BI rectification (box 03) |
in white |
Quota Rectification (box 04) |
in white |
Exempt op. (box 05) |
in white |
To deduct complementary self-assessment (box 06) |
in white |
Self-assessment result (box 07) |
20 |
February 2021 Record type 1 of the informative annex:
February 2021 Registration type 1 of the informative annex | |
---|---|
Record type |
1 |
Form |
ATF |
Financial year |
2021 |
Tax ID/CII |
XXXXX |
Business name |
A |
Annexed identification number |
ATFEEEEE |
Complementary or substitute annex |
in white |
Previous annexed identification number |
in white |
Period |
2 |
Total number op. declared |
3 |
Total number op. non-exempt subject |
2 |
BI total op subject non-exempt |
20,000 |
Total fee op. non-exempt subject |
40 |
Total number op. exempt |
in white |
Total amount op. exempt |
in white |
Total number of rectifications |
1 |
Total BI/amount of rectifications |
0 |
Fee resulting from rectifications |
-20 |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
February-2021: Record type 2 of the informative annex (details of the rectification):
February-2021: Record type 2 of the informative annex | |
---|---|
Record type |
2 |
Form |
ATF |
Financial year |
2021 |
NIF |
XXXXX |
Period |
2 |
Reference |
CCCCCCCCCC |
Own/employee operation |
A |
Presentation type via DVC |
A |
Assumption of presentation of a taxable person |
in white |
Number of titles acquired |
10,000 |
ISIN code you. Acquired |
AAAAA |
Issuer NIF |
BBBBB |
LEI issuer |
in white |
Settlement/Registration Date |
20 January 2021 |
Execution date |
in white |
Type of non-exempt/exempt operation |
E |
Determination of the tax base |
in white |
Number of titles acquired |
in white |
Net securities acquired |
in white |
Total amount of the transactions |
in white |
Tax base op. not exempt |
10,000 |
Exemption case |
C |
Exempt acquisition amount |
in white |
Tax rate |
20 |
DCV communication date |
01/02/2021 |
Payment date |
01/02/2021 |
Adjustment |
X |
Rectification exercise |
2021 |
Rectification period |
1 |
Rectified BI/Rectified amount |
10,000 |
Tax liability adjusted |
0 |
Rectification amount (Fee) |
-20 |
Rectification result (BI/Amount) |
0 |
Description |
ZZZZZZZ |
January 2021 model 604:
January 2021 model 604 | |
---|---|
BI (box 01) |
20,000 |
Fee (box 02) |
40 |
BI rectification (box 03) |
0 |
Quota Rectification (box 04) |
-20 |
Exempt op. (box 05) |
in white. |
To deduct complementary self-assessment (box 06) |
in white. |
Self-assessment result (box 07) |
20 |
The difference between the number of titles acquired and the number of titles transmitted will be recorded.
However, if the number of titles transmitted is greater than or equal to the number of titles acquired, zero will be entered in the “Net titles acquired” field.
Example: In May 2021, entity “A”, with NIF XXXXX, which does not have the status of participating entity in the DCV, declares the following operation as non-exempt subject:
Example | |
---|---|
Acquisition |
as an employee |
Record |
Acquisition registered in A's account in an entity participating in the DCV |
Acquired titles |
10,000 |
ISIN code |
AAAAA |
NIF issuer |
BBBBB |
Settlement date |
May 20, 2021 |
Transaction |
non-exempt subject |
P. unit acquisition |
1 |
BI |
10,000x1=10,000 |
Tax payable |
10,000x 1x 0.2/100= 20 |
Date of communication to DCV |
June 1, 2021 |
Payment date |
June 1, 2021 |
On June 15, 2021, the taxable person is aware that the previous transaction was not subject to tax.
In June, it has also carried out two subject and non-exempt operations with a total tax base of 20,000 and a total tax of 40.
May 2021 Type 1 record of the informative annex:
May 2021 Registration type 1 of the informative annex | |
---|---|
Record type |
1 |
Form |
ATF |
Financial year |
2021 |
NIF /CII |
XXXXX |
Business name |
A |
Annexed identification number |
ATFEEEEE |
Complementary or substitute annex |
in white |
Previous annexed identification number |
in white |
Period |
5 |
Total number op. declared |
1 |
Total number op. non-exempt subject |
1 |
BI total op subject non-exempt |
10,000 (type 2 records in which exempt/non-exempt operation is S and is also not a rectification) |
Total fee op. non-exempt subject |
20 (type 2 records in which exempt/non-exempt operation is S and is also not a rectification) |
Total number op. exempt |
in white |
Total amount op. exempt |
in white |
Total number of rectifications |
in white |
Total BI/amount of rectifications |
in white |
Fee resulting from rectifications |
in white |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
May-2021: Record type 2 of the informative annex
January-2021: Record type 2 of the informative annex | |
---|---|
Record type |
2 |
Form |
ATF |
Financial year |
2021 |
NIF |
XXXXX |
Period |
5 |
Reference |
CCCCCCCCCC |
Own/employee operation |
A |
Type of presentation through DCV |
A |
Assumption of presentation of a taxable person |
in white |
Number of titles acquired |
10,000 |
ISIN code you. Acquired |
AAAAA |
NIF issuer |
BBBBB |
LEI issuer |
in white |
Settlement/Registration Date |
May 20, 2021 |
Execution date |
in white |
Type of non-exempt/exempt operation |
S |
Determination of the tax base |
A |
Number of titles acquired |
in white |
Net securities acquired |
in white |
Total amount of the transactions |
in white |
Tax base op. not exempt |
10,000 |
Exemption case |
in white |
Exempt acquisition amount |
in white |
Tax rate |
20 |
DCV communication date |
01/06/2021 |
Payment date |
01/06/2021 |
Adjustment |
in white |
Rectification exercise |
in white |
Rectification period |
in white |
Rectified BI/Rectified amount |
in white |
Tax liability adjusted |
in white |
Rectification amount (Fee) |
in white |
Rectification result (BI/Amount) |
in white |
Description |
ZZZZZZZ |
May 2021 model 604:
January 2021 model 604 | |
---|---|
BI (box 01) |
10,000 |
Fee (box 02) |
20 |
BI rectification (box 03) |
in white |
Quota Rectification (box 04) |
in white |
Exempt op. (box 05) |
in white |
To deduct complementary self-assessment (box 06) |
in white |
Self-assessment result (box 07) |
20 |
June 2021 Type 1 record of the informative annex:
February 2021 Registration type 1 of the informative annex | |
---|---|
Record type |
1 |
Form |
ATF |
Financial year |
2021 |
NIF /CII |
XXXXX |
Business name |
A |
Annexed identification number |
ATFEEEEE |
Complementary or substitute annex |
in white |
Previous annexed identification number |
in white |
Period |
6 |
Total number op. declared |
3 |
Total number op. non-exempt subject |
2 |
BI total op subject non-exempt |
20,000 |
Total fee op. non-exempt subject |
40 |
Total number op. exempt |
in white |
Total amount op. exempt |
in white |
Total number of rectifications |
1 |
Total BI/amount of rectifications |
- 10,000 |
Fee resulting from rectifications |
-20 |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
Theoretical settlement date option |
in white |
Revocation theoretical settlement date |
in white |
June-2021: Record type 2 of the informative annex (details of the rectification):
February-2021: Record type 2 of the informative annex (details of the rectification) | |
---|---|
Record type |
2 |
Form |
ATF |
Financial year |
2021 |
NIF |
XXXXX |
Period |
6 |
Reference |
CCCCCCCCCC |
Own/employee operation |
A |
Type of presentation through DCV |
A |
Assumption of presentation of a taxable person |
in white |
Number of titles acquired |
10,000 |
ISIN code you. Acquired |
AAAAA |
NIF issuer |
BBBBB |
LEI issuer |
in white |
Settlement/Registration Date |
May 20, 2021 |
Execution date |
in white |
Type of non-exempt/exempt operation |
E |
Determination of the tax base |
in white |
Number of titles acquired |
in white |
Net securities acquired |
in white |
Total amount of the transactions |
in white |
Tax base op. not exempt |
10,000 |
Exemption case |
in white |
Exempt acquisition amount |
in white |
Tax rate |
20 |
DCV communication date |
15/06/2021 |
Payment date |
in white |
Adjustment |
X |
Rectification exercise |
2021 |
Rectification period |
5 |
Rectified BI/Rectified amount |
0 |
Tax liability adjusted |
0 |
Rectification amount (Fee) |
-20 |
Rectification result (BI/Amount) |
- 10,000 |
Description |
NS |
June 2021 model 604:
January 2021 model 604 | |
---|---|
BI (box 01) |
20,000 |
Fee (box 02) |
40 |
BI rectification (box 03) |
- 10,000 |
Quota Rectification (box 04) |
-20 |
Exempt op. (box 05) |
in white |
To deduct complementary self-assessment (box 06) |
in white |
Self-assessment result (box 07) |
20 |
For the sole purposes of completing the declaration , as long as the ATF registration designs are not modified, when the number of titles acquired, or the number of titles transmitted or net titles acquired in In the case of intraday operations, it is not an integer, said number will be rounded to the nearest non-zero integer.
The foregoing will not affect the amount of the fee that must be paid or the amount of the exempt operation, which must be declared for the actual amounts without taking into account rounding.
On the one hand, Law 1/2022, of February 8, which modifies Law 12/2002, of May 23, which approves the Economic Agreement with the Autonomous Community of the Basque Country, has incorporated the agreement of the ITF , approved by Law 5/2020, of October 15, on the Tax on Financial Transactions.
On the other hand, Law 22/2022, of October 19, which modifies Law 28/1990, of December 26, which approves the Economic Agreement between the State and the Foral Community of Navarra, incorporates to the Convention the Tax on Financial Transactions.
As a consequence of the above, Order HFP/308/2023, of March 28, has approved a new self-assessment model for the Tax on Financial Transactions that will be applied for the periods 01-2024 and following, which implies modifications to the procedure. of presentation. The submission procedure for the periods 01-2024 and following is detailed below.
First of all, it should be noted that the list of companies whose market capitalization on December 1 of the previous year exceeds 1,000 million euros that is published annually on the electronic headquarters of the AEAT , adds a column in which the competent administration for the levy is indicated (based on the registered office of the entity whose shares are subject to the Tax).
Although there are no changes in the content of the informative annex, for the periods 01-2024 and following, its presentation will be carried out as follows:
-
The informative annex will be presented necessarily to the AEAT . It will include all subject operations regardless of the administration to which the levy corresponds.
-
If the informative annex includes acquisitions of shares of companies with registered office in the Basque Country or Navarra (see list of entities published in the Electronic Headquarters), it must also be submitted to the corresponding Provincial Treasury when it so requires (for these purposes you must contact each Foral Treasury).
Regarding the self-assessment for the periods 01-2024 and following, it will be carried out as follows:
-
From the informative annex, the operations that correspond to AEAT and each of the Foral Treasurys will be determined.
-
Once the previous step has been carried out, the new form 604 will be completed and presented in which the operations that correspond to AEAT will be self-assessed and the information on the operations that correspond to each of the Foral Estates.
-
If there are operations that correspond to any of the Provincial Treasurys, a self-assessment adjusted to the model and deadlines determined by each of them will be submitted to them.
The deadline for filing with the AEAT is not modified: from the 10th to the 20th of the month following the corresponding monthly settlement period.
In the case of self-assessments that include operations whose levy corresponds to any of the Provincial Treasurys of the Basque Country or Navarra, you must consult the deadlines established by each of the Provincial Treasurys for the presentation of the annexes and self-assessments that must be presented to them (see FAQ 6.32 What is the procedure for submission from January 1, 2024?).
The rectification procedures described in FAQ 6.17 continue with the particularities detailed below.
Complementary self-assessments.
-
If the self-assessment that is completed corresponds to periods prior to 01-2024, the complementary self-assessment is presented exclusively to the AEAT using the model approved by the Order HAC/510/2021, of May 26.
-
If the self-assessment that is completed corresponds to 01-2024 and following, the complementary self-assessment is submitted to AEAT and, where appropriate, to the corresponding Foral Treasury following the procedure described in the FAQ 6.32.
Request for rectification of self-assessments.
-
If the request refers to a self-assessment that corresponds to periods prior to 01-2024, exclusively will be submitted to the AEAT .
-
If the request refers to a self-assessment that corresponds to 01-2024 et seq., it will be submitted to AEAT and, where appropriate, to the corresponding Foral Treasury.
Rectification in accordance with the special procedure provided for in article 10 of RD 366/2021, of May 25.
-
They will be declared in the informative annex without any particularity.
-
If the rectified operation corresponds to 01-2024 and following, it will be attributed to the administration to which the levy corresponds.
-
If the rectified operation corresponds to 2023 and previous years, it will be attributed to AEAT .
Example. In February 2024, entity “A” is a taxable subject of ITF for the following operations:
Shares of company “B” |
|
---|---|
Acquired titles |
10,000 |
ISIN code |
BBB |
NIF issuer |
BBBBB |
Transaction |
Subject not exempt |
Unit acquisition price |
1 |
Taxable base |
10,000×1=10,000 |
Tax payable |
10,000×1×0.2÷100=20 |
Administration competent for the levy Payment date |
AEAT (Tax Agency) |
Shares of company “C” |
|
---|---|
Acquired titles |
5,000 |
ISIN code |
CCC |
NIF issuer |
CCCCC |
Transaction |
Subject not exempt |
Unit acquisition price |
1 |
Taxable base |
5,000×1=10,000 |
Tax payable |
5,000×1×0.2÷100=10 |
Administration competent for the levy Payment date |
BIZKAIA |
Shares of company “C” |
|
---|---|
Acquired titles |
2,000 |
ISIN code |
DDD |
NIF issuer |
DDDDD |
Transaction |
Exempt |
Unit acquisition price |
1 |
Taxable base |
10000×1=10,000 |
Administration competent for the levy Payment date |
NAVARRE |
Entity “A” will proceed with the presentation as follows:
Financial Transactions Annex (ATF):
-
It will be completed without any specialty.
-
First of all, will necessarily be presented to the AEAT .
-
Bizkaia and Navarra: You should check if they require the presentation of the annex. If required, the annex will be presented to them, which will be identical to the one presented to the AEAT .
-
Araba and Guipuzkoa: will not present anything.
Self-assessment
-
You will submit to AEAT form 604, with the following data in the “Settlement” and “Taxation information by territory” sections:
-
It will present to Bizkaia and Navarra a self-assessment adjusted to the models approved by their Provincial Treasury.
-
It will not present any self-assessment to Araba or Guipúzcoa.
Example. The entity in the example of FAQ 6.35, in addition to of the operations indicated in said FAQ, includes in the self-assessment of February 2024 the rectification of the following exempt operations, which it mistakenly declared as subject and not exempt:
Shares of company “E” declared in 10-2023 |
|
---|---|
Acquired titles |
1,000 |
ISIN code |
EEA |
NIF issuer |
EEEEE |
Transaction |
Subject not exempt |
Unit acquisition price |
1 |
Taxable base |
1,000×1=1,000 |
Tax payable |
1,000×1×0.2÷100=2 |
Administration competent for the levy Payment date |
BIZKAIA |
Shares of company “F” declared in 01-2024 |
|
---|---|
Acquired titles |
1,000 |
ISIN code |
FFF |
NIF issuer |
FFFFF |
Transaction |
Subject not exempt |
Unit acquisition price |
1 |
Taxable base |
1,000×1=1,000 |
Tax payable |
1,000×1×0.2÷100=2 |
Administration competent for the levy Payment date |
BIZKAIA |
Entity “A” will proceed with the presentation as follows:
Financial Transactions Annex (ATF):
-
It will be completed without any specialty.
-
First of all, will necessarily be presented to the AEAT .
-
Bizkaia and Navarra: You should check if they require the presentation of the annex. If required, the annex will be presented to them, which will be identical to the one presented to the AEAT .
- Araba and Guipuzkoa: will not present anything.
Self-assessment.
-
You will submit to AEAT form 604, with the following data in the “Settlement” and “Taxation information by territory” sections:
-
The rectifications of 2023 and earlier are attributed to AEAT .
-
The rectifications of 2024 and following are attributed to the administration competent for the levy.
-
-
It will present to Bizkaia and Navarra a self-assessment adjusted to the models approved by their Provincial Treasury.
-
It will not present any self-assessment to Araba or Guipuzkoa.