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Instructions on completing and submitting Form 797

General issues

These instructions are applicable for the first time, for the declaration of income from the temporary tax benefit of credit institutions and financial credit establishments corresponding to the fiscal year 2023, which must be submitted and paid during the first twenty calendar days of the month of September of the corresponding year.

Required to submit form 797

Credit institutions and financial credit institutions operating in Spanish territory whose sum of interest and commission income, determined in accordance with their applicable accounting regulations, corresponding to the year 2019 is equal to or greater than 800 million euros, must pay during the years 2023 and 2024 the temporary tax on credit institutions and financial credit institutions regulated in Law 38/2022, of December 27, for the establishment of temporary taxes on energy and credit institutions and financial credit institutions and by which the temporary solidarity tax on large fortunes is created, and certain tax rules are modified.

In the case of groups:

  • When credit institutions and financial credit institutions form part of a tax group that pays taxes under the corporate tax consolidation regime, the temporary tax must be paid by the entity that represents said tax group, in accordance with the applicable tax regulations, determining the sum of income from interest and commissions by reference to said group.
  • When credit institutions and financial credit establishments are part of a business group and must file Corporation Tax returns in the common territory and in the regional territory, either individually or consolidated, the sum of the interest and commissions must be computed taking into account the entities and groups that have filed in the common territory and those that have filed in the regional territory, with the entity that has filed in accordance with Law 27/2014, of 27 November, on Corporation Tax, or the entity that, in accordance with the provisions of section 2 of article 56 of said Law, is the representative of the tax group that files in accordance with said law, being liable for payment of the entire temporary tax. 

Deadlines for filing Form 797

Form 797 must be submitted and paid during the first twenty calendar days of September of the 2023 and 2024 fiscal years.

Forms of presentation of model 797

The submission of Form 797 will be mandatory electronically using recognized electronic certificates issued for the identification and authentication of the taxpayer.

Form 797 can be submitted by:

  1. Taxpayers.

  2. Voluntary representatives of those obliged to pay with powers or faculties (representatives) to electronically submit declarations and self-assessments to the Tax Agency on their behalf or to represent them before it.

    For these purposes, please note that in addition to the general power of attorney, there is a specific power of attorney procedure for submitting these forms.

  3. Social collaborators in the application of taxes.

 Completion of form 797

  1. ID

    In this section you must enter the NIF of the declarant, and his/her name or company name.

    The CNAE code (2009) corresponding to the main activity carried out by the declarant must also be included.

    Tax/Business Groups

    It must be indicated whether the declarant is part of a tax group and/or business group in the corresponding boxes.

    If the Tax Group box is marked with an “X”, the corresponding group number must also be completed in the “Group Number” box.

    Telephone: A contact telephone number must be indicated in this box.

    Contact person: The name and surname of the contact person must be indicated in this box.

  2. ACCRUAL

    Tax year: Enter the fiscal year to which the declaration of benefit income corresponds.

  3. SETTLEMENT

    1. Patrimonial Benefit: Temporary lien

      Box 01: Interest Margin for the previous calendar year . The figure corresponding to the amount of the interest margin derived from the activity carried out in Spain corresponding to the calendar year prior to the inception of the payment obligation, which appears in their profit and loss account, determined in accordance with the provisions of the applicable accounting regulations, will be recorded.

      Box 02: Income and expenses from commissions corresponding to the previous calendar year .The figure corresponding to the amount of income and expenses from commissions derived from the activity carried out in Spain corresponding to the calendar year prior to the inception of the payment obligation, which appear in your profit and loss account, determined in accordance with the provisions of the applicable accounting regulations, will be recorded.

      Box 03: Total Benefit Base . This box will contain the amount resulting from the sum of the interest margin and the commission income and expenses corresponding to the previous calendar year, recorded in boxes (01) and (02). Article 2, section 4 of Law 38/2022, of December 27.

      In the case of groups:

      • When the party liable for payment is part of a tax group that pays taxes under the tax consolidation regime (established as liable for payment of the benefit in the cases described in the second paragraph of article 2.1 of Law 38/2022), the sum of the interest margin and the income and expenses from commissions will be the result of the profit and loss account of said tax group.

      • When the party liable for payment is part of a business group (established as liable for payment of the benefit in the cases described in the third paragraph of article 2.1 of Law 38/2022), the sum of the interest margin and the income and expenses from commissions will be the result of the profit and loss accounts of the tax groups, entities and establishments that must be integrated into it.

      Box 04: Applicable percentage to determine the benefit . The applicable percentage is 4.8 percent. Article 2, section 4 of Law 38/2022, of December 27.

      Box 05: Resulting benefit . This box will contain the amount of the benefit to be paid by each party obliged to pay, which will be the result of applying the percentage of 4.8 to the total of the benefit base recorded in box (03) in accordance with the provisions of article 2, section 4 of Law 38/2022, of December 27.

    2. Total Liquidation

      Box 06: Total Benefit for the Year . The amount that must appear in this box is the same amount entered in box 05 “Resulting Benefit”. Article 2, section 5 of Law 38/2022, of December 27.

      Box 07: To deduct. Advance payment corresponding to the financial year. This box will contain the amount of the advance payment entered in the fiscal year.

  4. RESULT OF THE DECLARATION

    Box 08: Settlement Result . This box will contain the result of subtracting the advance payment amount corresponding to the year being settled, as recorded in box 07, from the total benefit for the year recorded in box 06.

    Box 09: To be deducted. (Only in the case of a supplementary declaration; Result to be entered from previous benefit income declarations corresponding to the same year) . This box must only be completed in the case of a supplementary declaration of another one previously submitted corresponding to the same year. In this case, the result to be entered from the previously submitted supplementary declaration must be indicated in this box.

    Box 10: Result of the Declaration of Income of the Benefit . The result of the declaration of income of the benefit will be entered in this box, resulting from subtracting the amount to be deducted, if applicable, entered in box (09), from the result of the settlement of box (08).

    If no supplementary declaration has been submitted, the amount in box 10 must match the amount entered in the box as a result of the settlement (box 08).

  5. DEPOSIT

    The amount to be paid must be entered (box “I”-Amount), equal to the amount entered in box [10] (“Result of the Declaration of Income of the Benefit”), as well as the payment method chosen in the “Payment method” box.

    If the “Direct debit of the amount to be paid” option is selected, the benefit income declaration form 797 must be submitted within the direct debit period of each settlement period, that is, as a general rule, at least 5 days before the deadline for submission expires. Similarly, the declaration must include the complete data of the bank account (IBAN Code) in the case of payment via direct debit, or the Complete Reference Number in the case of payment via debit entry once the CRN has been obtained.

    Likewise, in the case of payment by direct debit, the complete details of the bank account (IBAN code) of the Collaborating Entity, or those of an account opened in a non-collaborating entity within the Single Euro Payments Area (SEPA Area) must be included in the declaration. In the latter case, payment must be made through the intermediation of a collaborating entity in the collection management service.

    The procedure for proceeding with the payment of the amount resulting from the self-assessment will be as established in Order HAP/2194/2013, of 22 November (Articles 4 and 6 to 9), regulating the procedures and general conditions for the filing of certain self-assessments and informative tax returns (Official State Gazette of 26 December). If the direct debit is made to an account opened in a non-collaborating entity in the SEPA Zone, it will be adjusted to the provisions of article 5 bis of Order EHA/1658/2009, of June 12.

    Finally, in the case of payment by direct debit with obtaining the NRC, the Complete Reference Number must be included in the declaration.

  6. Complementary

    Supplementary: An "X" will be marked in the "Supplementary declaration" box when this declaration is complementary to another declaration or declarations previously submitted for the same concept and corresponding to the same fiscal year.

    In such a case, the supporting document number of the previous declaration must also be entered in this section. If more than one declaration has been previously submitted, the supporting document number of the last one will be recorded.

  7. GROUP DETAILS

    Information on the Tax Consolidation Group or Business Group

    Entities that make up the Group:

    If the Tax Group box or the Commercial Group box is marked with an “X”, the NIF and the company name of the entities that make up the tax or commercial group must be included in this section.