Methods of payment in instalments

There are two methods for payment by instalments:

1. Modality regulated in article 40.2 LIS : the basis for calculation will be the full amount of tax payable in the last tax reporting period for which declarations must already have been presented.

2. The method described in Article 40.3 of the Corporation Tax Act: the basis for calculation will be the part of the gross tax base corresponding to the first three, nine or eleven months of each calendar year.

The taxpayer may opt for one or other instalment payment method, with the following exception:

The only taxpayers obliged to use the modality regulated in Article 40.3 Spanish Corporation Tax Act (LIS) are the following:

1. those whose net turnover has exceeded the amount of €6M during the 12 months prior to the starting date of the tax period to which the payment corresponds.

2. those who avail themselves of the Regime of Shipping Firms According to Tonnage.

To this purpose, they must exercise the option in the corresponding census declaration during the month of February of the calendar year starting from which it is to take effect, provided that the tax period to which the said option refers coincides with the calendar year. In the contrary case, the option must be exercised in the corresponding census declaration during the 2 months counted from the start of the said tax period, or within the period between the start of the said tax period and the end of the period for making the payment corresponding to the said tax period when this latter period is less than 2 months.

The taxpayer will be linked to this instalment payment method with regard to the payments corresponding to the same tax period and the following periods, provided that it does not waive its application via the corresponding census statement, which it must exercise in the same periods established in the previous paragraph.