232 Model – published Wednesday, October 11th 2017

On August 30, Order HFP/816/2017, of August 28, was published, which approves model 232 of informative declaration of Related Operations and Operations and situations related to countries or territories qualified as tax heavens.

So, the tables containing model 200 (self-assessment of Corporate Tax) have been deleted, and this information must be included, together with additional information, in the new 232.

Obliged to present:

The taxpayers of the Corporation Tax and the Income Tax of Non-Residents who act through a permanent establishment and perform the following operations with related persons or entities will be required to present this model:

  • Carry out transactions with the same person or related entity and the amount of the consideration of the set of operations exceeds 250,000 euros in the tax period, according to the market value.
  • People or related entities that carry out specific operations, provided that the combined amount of each of this same type exceeds 100,000 euros, even if it is with different related people. For these purposes, specific operations are considered those excluded from the simplified content of the documentation and are the following:
    • Those carried out by taxpayers of the Personal Income Tax, in the development of the economic activity, to which the objective estimation method applies and these natural persons and / or their relatives have individually or jointly the 25 % of the share capital.
    • Business transmission operations. Transmission operations of securities or shares representing the ownership interest in any type of entity not admitted to trading in any of the regulated securities markets, or that are admitted to trading on regulated markets located in countries or territories qualified as tax havens.
    • Real estate transmissions
    • Operations on intangible assets
  • Regardless of the amount of the consideration for the set of transactions carried out with the same person or related entity, the model must be presented and reported for those operations of the same nature that in turn use the same valuation method, provided that the amount of the same in the tax period exceeds 50% of the turnover of the entity.
  • Those that apply the reduction of income from certain intangible assets in those cases in which the taxpayer applies the aforementioned reduction in article 23 LIS, because it obtains income as a consequence of the assignment of certain intangibles to related persons or entities.

However, there is no obligation to report the following operations:

  • Those made between entities that are part of the same group of fiscal consolidation (model 220).
  • Transactions carried out with its members or with other entities that are members of the same group of fiscal consolidation by economic interest groupings, and temporary unions of companies registered in the special registry of the Ministry of Finance and Public Function, except for temporary joint ventures, or ways of analogous collaboration to temporary unions, which are subject to the regime established in article 22 of the LIS.
  • Transactions carried out in the context of public offerings of sales or of public offers for the acquisition of securities.

Regarding the information on operations and situations related to countries or territories considered tax heavens, the entities that during the tax period have carried out operations related to countries or territories considered as tax havens will be obliged to present the model, independently of the existence or not of linkage and of the amount of the operations, or that, at the closing date of the period, have values ​​of the aforementioned tax heavens, regardless of their amount.

Form and deadline for submission:

  • Effective admission: Model 232 enters into force on 01/09/2017 but affects the tax periods commenced as of January 1, 2016.
  • Form and deadline for submission: It must be submitted electronically, in the month following the ten months following the conclusion of the tax period.
  • Therefore, in the tax periods started on 01/01/2016 and ended on 31/12/2016 or earlier, the Model 232 must be submitted in the month of November 2017, and as a deadline on 30/11/2017.
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