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Instructions

Corporation Tax

Form 237

Special tax on undistributed profits of SOCIMIs

  1. ID

    The taxpayer's identification data will be recorded: your tax identification number (NIF) and company name.

  2. ACCRUAL

    Accrual date : The accrual date of the special tax on profits not distributed by SOCIMI will be recorded, which will take place on the day of the agreement to apply the result of the year by the general meeting of shareholders, or equivalent body.

    Exercise : The year corresponding to the start date of the tax period must be filled in with four digits.

    Type of exercise : In this box you will indicate the number 1, 2 or 3 according to the following detail:

    1. Financial year lasting 12 months, coinciding with the calendar year.

    2. Financial year lasting 12 months, which does not coincide with the calendar year.

    3. Financial year lasting less than 12 months.

    Of... to...: The start and end dates of the tax period to which the declaration refers will be indicated in this section.

  3. SETTLEMENT

    Amount of undistributed profits subject to this special tax : The portion of the profits obtained in the year that is not subject to distribution, that comes from income that has not been taxed at the general corporate tax rate and is not income covered by the reinvestment period regulated in letter b) of section 1 of article 6 of Law 11/2009 of October 26, which regulates Listed Public Limited Companies for Investment in the Real Estate Market, will be recorded.

    Tax rate: The current tax rate for the settlement of the tax will be recorded (15% as of January 1, 2021).

    Percentage of taxation to the State Administration : In the event that the percentage of taxation to the State Administration is different from 100% due to cases of joint taxation with the Administrations of the Basque Country or Navarre, the percentage of taxation corresponding to the State Administration will be indicated, with two decimal places, according to the calculation made based on the volume of operations carried out in each territory.

    Share : The tax rate will be the result of applying the tax rate specified in box 02 to the amount of undistributed profits entered in box 01. In box 05, the portion of the tax corresponding to the state administration will be indicated, which will be the entire amount except in cases of joint taxation with the administrations of the Basque Country or Navarre. In these, the result of applying to that result the percentage corresponding to the regional administrations of the Basque Country and Navarre will be indicated in box 04.

    Result of the previous self-assessment : Boxes 06 and 07 must be completed exclusively in cases where supplementary self-assessments are submitted to indicate the result corresponding to the previous self-assessment.

    Amount to be entered : In boxes 08 and 09, the amount to be paid resulting from the self-assessment will be indicated, both to the regional administrations, box 08, and to the state administration, box 09.

    Tax percentages for other Administrations : In the case of joint taxation with the Administrations of the Basque Country or Navarre, the percentage of taxation corresponding to each of these Administrations will be indicated, with two decimal places, according to the calculation made based on the volume of operations carried out in each territory.

  4. DEPOSIT

    The payment method will be completed according to the options shown in the form drop-down menu, as well as the amount resulting from the self-assessment.

  5. Complementary

    If this self-assessment is complementary to another previously submitted for the same period, the identification voucher number of the previous self-assessment must be stated. In this case, in codes [06] or [07], as the case may be, the amount paid for the previously submitted self-assessment will be recorded.

FILING PERIOD

The special tax on undistributed profits by SOCIMI must be self-assessed and paid within two months from the accrual date. Any deadlines that fall on a Saturday or non-working day will be deemed to be transferred to the next immediately following business day.

The ministerial order approving Form 237 comes into force on 3 January 2022 and will apply to tax periods beginning on or after 1 January 2021.

Taxpayers whose period for filing a declaration of the special tax on undistributed profits by Listed Real Estate Investment Companies began before the date of entry into force of the ministerial order may submit form 237 within two months following the date of its publication in the "Official State Gazette".

All amounts must be expressed in euros, with the whole number followed by two decimal places.