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Insights Spain: Modelo 232 – Fiscal Year 2022

Spain: Modelo 232 – Fiscal Year 2022

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​​​​​​​​​​​​published on 7 November 2023 | reading time approx. 2 minutes


Related party transactions, reduction of income that comes from intangible assets and operations and situations related to tax havens must be declared in the Modelo 232. 

     
    

The submission period of the Modelo 232

The submission period of the Modelo 232 will be the month following the tenth-month after the conclusion of the tax period to which the information to be supplied refers to. For example, for fiscal years ending on the 31 December 2022, the Modelo 232 must be submitted between the 1 and 30 November 2023.
  
Please contact us so that we can send you the Excel file where you can include the required data. Once completed, we would be grateful if you could send us the completed file before 15 November 2023.
   

When should the related party transactions be declared in the Modelo 232?

TRANSACTIONS OVER 250,000 EURO

When the total amount of the operations between two related party exceeds the market value of 250,000 Euro, all controlled transactions with that related party must be declared, independently of its amount. The declaration should be submitted for each related party, for type of transaction and valuation method, without the netting of amounts.
  
For example: If a company has 3 types of transactions with the same related party:
  • Sale of products – 100,000 Euro
  • Purchase of products – 60,000 Euro
  • Payment of interests – 95,000 Euro
All three operations should be declared independently.
  

Specific transactions

All transactions carried out with all related entities of the same type and which exceed the overall total market value of 100,000 Euro, must be declared. The following are considered specific transactions:
  • the transactions carried out by taxpayers subject to Personal Income Tax, in the development of an economic activity, to which the method of objective estimation is applied with those entities in which the taxpayer or spouse, ancestors or descendants, individually or collectively, hold a stake equal or higher than 25 percent of the equity or share capital
  • the transactions involving the transfer of business
  • the transactions involving transfer of equity or shares representing the participation in the share capital of any entity not admitted to a negotiation process in any regulated securities market, or admitted to a negotiation process in a regulated securities market situated in countries or territories considered as tax havens
  • the transactions involving real estate properties
  • the transactions involving intangible assets
  

Transactions of the same type

All transactions carried out with all related entities of the same type and for which the same valuation method applies, must be declared, provided that the total amount of such transactions within the tax period is greater than 50 percent of the turnover of the entity, regardless of the amount of the compensation for the total number of transactions carried out with the same related person or entity.
  

Operations excluded from the Modelo 232

  • Fiscal groups (regardless the volume of their operations)
  • AIES, UTES (regardless of the volume their operations), except UTEs or other analogous forms of collaboration that benefit from the Exemption of income obtained abroad through Permanent Establishment(s) (Article 22 CITL)
  • Transactions carried out in the area of public offers for the sale or acquisition of securities (regardless of the volume of transactions)
In the event that you need the support of the Transfer Pricing Team in the preparation of the model relating to related-party transactions, please ask us to put you in contact with the Transfer Pricing Department. The Transfer Pricing Team will coordinate with you and the manager of the tax area the reporting of related-party transactions.
  

Reduction of income that comes from intangible assets or operations and situations related to tax havens

For the declaration of income that come from intangible assets (article 23 and transitory provision 20 of the CITL) or operations carried out with tax havens (in which all operations must be declared, not only related operations), it will be a pleasure for us to put you directly in contact with our tax team. 

Contact

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Ana Muñoz

Associate Partner

+34 91 5359 977

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