We hereby remind you the deadline for the submission of the Model 232, related to the intercompany transactions, next November 30th. The extemporary submission must represent a penalty from the Tax Administration.
From Audiconsultores ETL Global we support the taxpayer with this obligation by collecting information and the compliance of the Model.
You can consult more information about the model in the previous Tax Flash
In three recent rulings of the Supreme Court of 21/07/2022 (rec. 5309/2022) and 26/07/2022 (rec. 5693/2020 and 4762/2020) it has been considered that financial expenses incurred in the financing of payments to members (dividends and restitution of contributions) cannot be classified as donations or liberties, and are tax deductible provided that they comply with the general requirements for deductibility of the expense.
For more information click HERE
According to the criterion of the General Tax Direction published through the tax ruling V1405-16, date 06/04/2016, a non-resident individual is a taxable person for the Spanish Inheritance Tax purposes if the heritage includes not only (i) securities and shares issued by Spanish entities but also (ii) those issued by foreign entities which are deposited in offices of banks and other financial entities located in Spain, regardless of whether they are listed in different markets in other countries than Spain.
For more information click HERE
According to article 13.4 of the Corporate Income Tax, Corporate Income Tax and Non-Resident Income Tax (IRNR) taxpayers acting through a permanent establishment in Spain, as well as entities under the income attribution regime incorporated abroad with presence in Spanish territory, must file Form 232 within the month of November 2022.
This form considers the information of the intercompany transactions, with special attention to specific operations and their volume. In this sense, our Transfer Pricing Department supports and come along with the taxpayers that consider the obligation to validate and submit the information for its formal presentation.
You can access to the regulation of this form HERE
We remind you EU companies that are not established in Spanish VAT territory have until 30th September 2022 to claim a refund of VAT borne in Spain during 2021 through the mechanism established by the tax authorities of the country in which they are established. The 30th September 2022 is also the deadline to request the refund of the Spanish VAT borne by non EU companies, through the submission of the 361 Form, directly filed before the Spanish Tax Authorities.
For any question in this regard, please do not hesitate to contact us.
