Corporation tax (Spain)

Corporation tax (Spain)

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The corporate income tax is a tax belonging to the Spanish tax system, on a regular basis, proportional, direct and personal. Levied on corporate income and other legal entities. It is regulated by Royal Decree 4/2004 of 5 March, approving the revised text of the Income Tax Act.




Index
[Hide] 1 Scope
2 Taxable
Taxpayers 3 3.1 Requirements and Exemptions
3.2 Classification 3.2.1 Legal persons
3.2.2 Entities without legal
3.3.1 Exemptions 3.3 Exempt Entities
3.3.2 Entities partially exempt

4 apportion
5 See also
6 References

[Edit] Scope
It operates throughout the Spanish territory, except for the Basque Country and Navarra (concert by), further comprising the mainland, the Balearic Islands, the Canaries, Ceuta and Melilla, those areas adjacent to the territorial waters over which Spain may exercise the rights granted to you regarding the seabed and subsoil, overlying waters and natural resources, in accordance with Spanish law and international law. The IS in Spain is 30% 1 except in the Basque Country, which has fiscal autonomy, and which is 28% .2 Not so in Navarra, which preserves the type of the rest of the state.
The differences between the two regulations on corporate tax in Spain coexisting implementing provincial territories in the Basque Country and Navarre and is current common in other Spanish regions-has been the subject of complaints to the courts by from other neighboring regions, to consider these modifications to the lower tax rate encourages tax savings to businesses, which can influence the location of the activity interjurisdictional empresarial.3
[Edit] Taxable
The taxable income tax is obtaining income by certain taxable persons (legal persons and other entities without personality). Income means the accounting that determine corporate law.
Sometimes, certain amounts have not been reflected in the accounts are considered income, and therefore, are subject to corporation tax lien. This applies, for example, the joint ventures and entities subject to international tax transparency regime.
[Edit] Taxpayers and exemptions
[Edit] Requirements
Tax liability is determined by the residence in Spanish territory. Be considered Spanish residents in institutions if they fulfill the following requirements:
Which it is incorporated according to Spanish law.
Having its registered office in Spanish territory.
Have the place of effective management in Spanish territory.
For this purpose, it is understood that an entity has its place of effective management in Spanish territory when it lies the direction and control of all its activities.
[Edit] Classification
[Edit] Legal persons
Specifically, are subject to income tax all kinds of entities, whatever their form or name, provided they have legal personality, except civil societies. They include, among others:
Commercial companies: anonymous, limited liability, collective labor, etc.
The corporate state, regional, provincial and local.
Cooperative societies and agricultural processing companies.
The sole proprietorships.
The EIG.
The European economic interest groupings.
Associations, foundations and institutions of all kinds, both public and private.
[Edit] Entities without legal
In addition, the following entities, lacking legal personality:
The mutual funds and investment funds in money market and mutual funds.
The joint ventures.
The venture capital funds.
Pension funds.
Funds mortgage market regulation.
The mortgage securitization funds.
The asset securitization funds.
The investment guarantee funds.
The mountains holders neighborhood communities in common hand.
[Edit] Exemptions
[Edit] Entities exempt
In contrast to the personal income tax exemptions that set by source of income (rents proceeding compensation, benefits, lottery, gambling, etc.), The LIS system set-subjective exemptions apply to taxable entities, not motive source of income entered. Set the following exemptions: (i) the State, the Autonomous Communities and local authorities, (ii) autonomous state agencies and public entities of similar nature of the CCAA and local entities, (iii) the Bank of Spain The Deposit Guarantee Fund and the Investment Guarantee Fund, (iv) public bodies responsible for the management of Social Security, (v) the Institute of Spain and the Royal Academies and former officers integrated into the institutions of the CCAA official language with which pursue comparable to those of the Spanish Royal Academy, and (vi) all other public bodies mentioned in the ninth and tenth additional provision, paragraph 1, of Law 6/1997 of April 14, of Organization and Operations of the Central Government and the public entities of similar nature of the CCAA and local authorities (art. 9.1 LIS).



[Edit] Entities partially exempt
IS will be partially exempt under the terms provided for in Title II of Law 49/2002 of 23 December on the taxation of non-profit organizations and tax incentives for patronage, institutions and non-profit institutions profit to which it applies that title (art. 9.2 LIS). In addition, the LIS provides a list of entities that, under the terms provided in Chapter XV of Title VII LIS, will be partially exempt (entities and nonprofit institutions not covered by art. 9.2 LIS, unions, federations and confederations of cooperatives, professional associations and trade unions, etc.) (art. 9.3 LIS). Also, the exemptions set LIS serving nature of the income derived (remission) .4
[Edit] Temporary Assignment
Allocation of income and expenses in either tax period is based on the accrual principle applies, so that revenues and expenses are allocated to the tax period in which they accrue. If enrollment accounting of income and expenses would occur within one year after the accrual, the temporary assignment is made in the accounting period, with the limit that does not involve taxation than they would have been entitled to have applied the principle accrual.
The return shall be submitted within 25 calendar days following the six months following the conclusion of the tax period (fiscal year end).
There installments three times a year. We present a model 200 only online. 201 There is a simplified model that can occur if paper and having a support program.
[Edit] See also
Corporate tax
Taxation
Economic benefit
Dividend (economy)
IRPF
[Edit] References
1. ↑ Article 28.1 RD-Leg 4/2004, of 5 March, TR of the Law on Corporate Income Tax
2. ↑ Fiscal Pact in the Basque Country
3. ↑ Poncela Ana Carrera (2004). Asturiana Journal of Economics (ed.), "Differential effect of statutory corporate tax: Some estimates from Cantabria." (In Spanish) (pdf). Retrieved on 18-10-2011.
4. ↑ Teller Books, Spanish Law. Volume I. Scope of Public Law: The Citizen and the State

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