It has been approved model 232 "Informative declaration of related operations and operations and situations related to territories considered as tax havens".
Who is obliged to submit the model 232?
The obligors are the taxpayers of the Corporate Income Tax and the Income Tax of Non-Residents with permanent establishment in Spain, as well as entities in the income attribution system, which:
- Perform certain transactions with related persons or entities,
- They carry out operations or have situations in territories considered as tax havens.
Who are linked persons or entities?
These are those detailed in article 18.2 of the Law of the Corporate tax:
- An entity and its partners or participants.
- An entity and its directors or administrators, except for the remuneration for the exercise of its functions.
- An entity and the spouses or persons united by kinship relationships, in direct or collateral line, by consanguinity or affinity up to the third degree of the partners or participants, counselors or administrators.
- Two entities belonging to a group.
- An entity and the directors or managers of another entity, when both entities belong to a group.
- An entity and another entity which is indirectly owned by the former in at least 25 per cent of the capital stock or equity.
- Two entities in which the same partners, partners or their spouses, or persons united by kinship relationships, in direct or collateral line, by consanguinity or affinity up to the third degree, participate directly or indirectly in at least the 25 for share capital or equity.
- An entity resident in Spanish territory and its permanent establishments abroad.
What operations should be included in the declaration model 232 with respect to related transactions?
- Transactions carried out with the same person or related entity provided that the amount of the consideration of the operations in the tax period exceeds 250.000 euros, according to market value.
- Specific transactions carried out with one or more related parties, provided that the joint amount of each of this type of operations in the tax period exceed the 100.000 euros:
- Real estate transactions.
- Operations on intangible assets.
- Transmission of business.
- Transmissions of shares or shares not traded on regulated markets, or admitted to trading on regulated markets in tax havens.
- Those made by IRPF taxpayers, in the development of their economic activity, to which the objective estimation method results, with entities in which they, or their spouses, ascendants or descendants, individually or jointly among all of them , have a percentage equal to or greater than 25 percent of the share capital or equity
- Regardless of the amount of the consideration of the set of operations carried out with the same person or related entity, they must state:
- Those operations of the same nature which in turn use the same valuation method, provided that the joint amount of the same in the tax period exceeds 50% of the entity's turnover.
- Those operations for which the reduction provided for in article 23LIS has been applied, for having obtained income from the assignment of certain intangible assets (Patent Box) to related persons or entities.
What operations should be included in the declaration regarding operations or situations related to territories considered as tax havens?
This section should include two types of information:
- Operations carried out during the entire tax period with countries or territories qualified as tax havens.
- Holding of securities related to countries or territories qualified as tax havens, owned at the closing date of the tax period.
These values can be of the following types:
- Securities representing own funds of entities resident in these territories.
- Securities of collective investment institutions incorporated in those territories.
- Fixed income securities that are admitted to trading on secondary markets in these territories.
What information should not be included in the declaration (model 232)?
In relation to related operations:
- Transactions between entities that are part of the same tax consolidation group (except for the case provided for in article 65.2 LIS: assignment of certain intangible assets).
- The operations carried out by the UTE or IEA with its members or with other entities forming part of the same fiscal consolidation group.
- Transactions carried out in the scope of IPOs or public offerings for the acquisition of securities.
Deadline for submission of model 232 and form:
In general, the deadline for submission shall be the month following the ten months following the end of the tax period to which the information to be supplied refers.
That is to say, for the taxpayers whose tax period coincides with the calendar year, that is to say, the year 31 closes of December, will have all the month of November of the following year for the presentation of the model 232, which is 4 months after the filing date of the corporation tax return.
To cover a special situation of transience that could be suffered by companies whose tax period had ended before the 31 of December of 2016, the deadline for submission is also established within the month of November of 2017.
The form of presentation will be made mandatory by telematic means.
About the Author:
Director Department of Inspections and Tax Procedures