With effect for tax periods beginning after 1/1/2016, taxpayers whose net turnover in the 12 months prior to the beginning of the tax period, is at least 10 million euros, should take into account, regarding instalment payments to be made according to the type of tax base of the period, the following considerations:
- Minimum instalment payment. The amount to be paid shall not be less, in any case, than 23% of the income statement positive result for the first three, nine or eleven months of each calendar year. For taxpayers whose tax period does not coincide with the calendar year: the period that has elapsed since the beginning of the tax period until the day before the beginning of each income instalment payment period, determined in accordance with the Commercial Code and other development accounting regulations, solely reduced on previously made instalment payments for the same tax period.
For credit institutions and entities engaged in exploration, research and exploitation of deposits and underground storage of hydrocarbons, the percentage increases to 25%.- a) Positive result calculation / determination:
- Amounts corresponding to reductions of debt or extensions of due date operations, the result of an agreement with creditors of the taxpayer are excluded, being the amount that is integrated into the tax base of the tax period included in the result. Positive result amounts due to credit compensation equity increase operations, not integrated in the taxable result, are also excluded.
- Partially exempt entities subject to a special tax regime must consider as positive result the amount corresponding exclusively to non – exempt income.
- Entities entitled to bonus for providing local public services should consider as positive result the amount corresponding exclusively to not subsidised income.
- b) Exempt from this minimum instalment payment:
- Entities subject to non – profit entities tax regime and tax incentives for patronage.
- Investment companies with variable capital, investment funds of financial nature, Real Estate investment companies and Real Estate investment funds subject to a tax rate of 1%.
- Mortgage market regulatory fund, pension funds and entities subject to the Listed Real Estate Investment Companies – SOCIMI / REIT – special regime.
- a) Positive result calculation / determination:
- Percentage to calculate the instalment payment amount. It is the result of multiplying the tax rate by nineteen twentieths rounded up.
- Exception to the entry into force. It shall not apply to instalment payments whose reporting periods started before 09.30.2016, i.e., the fractioned payments made in April 2016.
Note: With effect from 09.30.2016, and being applied for the first time in the instalment payments to be made in the first days of the month of October 2016, 202 (single) and 222 (tax groups) forms have been modified on adaptation to this new regulation.
