modelo 200 sociedadesAs in every year, the Spanish Corporate income tax forms for fiscal years starting from 01 January 2022 and up until 31 December 2022 have been passed. These forms apply to Spanish permanent establishments of non-resident entities, flow-through entities set up overseas with a presence in the Spanish territory, and to Corporate income tax groups as well.

For companies whose fiscal year coincides with the calendar year, the term to file the tax return shall end on 25 July this year. If payment needs to be done by bank direct debit, the deadline will end on July 20. The forms include new detailed charts with the purpose of improving information and control from the Spanish tax authorities as well as the changes in regulations approved for the fiscal year 2022, of which we highlight the following below.

  • The Spanish Budget Law (22 / 2021) for the fiscal year 2022 introduced:
    • i. A minimum 15% Corporate income tax (CIT) quote on the taxable result, for taxpayers with a net turnover equal to or exceeding 20 million euros or taxed under the tax consolidation scheme, in this case, irrespective of their turnover. This minimum rate is 10% for newly created entities and 18% for credit entities or those dedicated to the exploration, investigation, and exploitation of hydrocarbons. As a result of this change, the final CIT quote shall not be due to the application of any tax credit, lower than the minimum tax.
    • ii. A reduction of the tax relief applying to entities dedicated to the rental of properties from 85% to 40%. Thus, the tax rate applying to net income subject to this tax relief increases from 3.75% to 15%.
  • Law 22 /2022 to impulse employment pension plans introduced a 10% tax credit on entrepreneurial contributions to social welfare schemes assigned to employees with an annual gross employment income lower than 27,000 euros.
  • The turnover limit to determine the jurisdiction to levy and review CIT as well as the applicable regulations is updated from 7 to 10 million euro, for taxpayers having their fiscal domicile in the so-called common territory that carry out transactions in the area of Navarra.
  • Besides, the new requirements to benefit from the 1% reduced rate applying to Investment companies of variable capital (SICAV) will need to be considered.
  • Last but not least, you should not forget the new interpretations of the CIT law that have been issued by the Spanish courts and the General Directorate of Taxes throughout this year and which we have posted for you.

Publicado el 06-2023 por PBS