As established by the Tax Agency according to Order HFP/816/2017, of August 28, it is mandatory to report on related operations,and operations and situations with countries or territories classified as tax havens through form 232,with the aim of taking greater control of such operations.
Linked transactions are those carried out between natural or legal persons, in which there is a certain degree of link between them,for any of the following reasons:
- Existence of family ties of the first or second degree.
- Membership of the same business group.
- Different companies share directors.
- The companies have common reference shareholders.
Who must submit form 232 compulsorily?
According to article 13.4.RIS, they will have the obligation to present form 232 and complete the information of operations with related persons or entities:
- Taxpayers of Corporation Tax and Non-Resident Income Tax (IRNR) acting through a permanent establishment.
- Entities under the income attribution regime constituted abroad with a presence in Spanish territory.
The obligation will be given if they carry out the following operations with related persons or entities in the terms set out in article 18.2 of the LIS:
- Transactions carried out with the same related person or entity, providedthat the amount of the consideration for all operations exceeds 250,000 euros in the tax period, according to the market value.
- Specific operations (excluded from the simplified content of the documentation referred to in Article 18.3. LIS and 16.5 RIS),provided that the combined amount of each of these operations in the tax period exceeds 100,000 euros. Specific operations are business transfers, those related to holdings in own funds of entities, operations on real estate, operations on intangible assets, and those carried out by a related taxpayer included in modules.
- Regardless of the amount of the consideration for all transactions carried out with the same related person or entity, with respect to those transactions of the same type, which in turn use the same valuation method, providedthat the amount of all such transactions in the tax period is more than 50% of the entity’s turnover.
- It applies to the reduction of income from certain intangible assets,having obtained such income as a result of the transfer of certain intangibles to related persons or entities.
- Operations and situations related to countries or territories classified as tax havens,regardless of their amount.
What are linked entities?
- Entity and its partners or participants with a stake equal to or greater than 25%.
- Entity and its directors or administrators.
- Entity and the spouses or relatives of the partners, administrators or directors, with kinship up to the third degree (bisabuel@, ti@, sobrin@, bizniet@).
- Two entities that belong to the same group.
- Entity and the directors or administrators of another entity if they belong to the same group.
- An entity and its investees directly or indirectly by at least 25%.
- Two entities in which the same partners, spouses or relatives up to the third degree, participate at least 25% or more.
- Entities resident in Spanish territory and their permanent establishments abroad.
What is the deadline for submitting Form 232 for related transactions?
The obligation begins with the tax period starting from January 2020, while form 232 must be submitted in the month following the 10 months after the conclusion of the tax period to which the information to be submitted refers. On the other hand, in the case of taxpayers whose financial year coincides with the calendar year, the deadline for submission will be until November 30, 2021.
The presentation of form 232 can only be made in electronic format,through the Electronic Office of the AEAT or from the website of the Tax Agency, and may be submitted by:
- Taxpayers of the tax, or their legal representatives.
- Voluntary representatives of taxpayers with powers or powers to file electronically on their behalf, declarations and self-assessments with the Tax Agency.
- Persons or entities that hold the status of social collaborators in the application of taxes, as provided for in article 92 of Law 58/2003, of December 17.
Given the complexity and the numerous casuistry that can occur when combining the elements that make the presentation of form 232 mandatory, in AYCE Laborytax we have a questionnaire for our clients, aimed at studying the possible operations forced to declare.