Corporate Tax Form 200 relates to the corporate income of certain entities that operate and reside in Spain. Corporations refer to all companies that: have been established under Spanish law, have their registered office in Spanish territory, and have an effective place of business activity in Spanish territory.
Currently, the Corporate Tax is 25% for large and small companies, although there are other rates of 30%, 20%, 15%, 10%, or even 1% depending on the type of company involved. In the Basque Country, which has tax autonomy, it is 28%.
Self-employed people who have created a company must take this tax into account, especially sole proprietorships and limited companies.
Who is obliged to file Form 200?
As a general rule, the following companies are required to fill out Form 200:
- Mercantile Companies: SA, SL, Collective, Labor…
- State, Autonomous, Provincial, and Local Companies
- Economic Interest Groups.
- Real Estate Investment Funds (FII).
- Temporary unions of companies.
- Risk Capital Funds (VC).
- Pension funds.
They must file a Corporate Tax return even if they have not carried out activities during the tax period, or have not obtained income subject to the tax.
When is the Form 200 filed?
The Corporate Tax with Form 200 must be submitted 25 days after six months have passed since the end of the year in which the tax has been accrued.
If we base the tax year on the calendar period, for example, the Corporate Tax for a year ending on December 31 must be filed between July 1 and 25th. If the tax is to be paid by direct debit, it will be due between July 1st and 20th.
What happens if the return is filed incorrectly?
If the form 200 was filed and an error is discovered, depending on whether it is you or the Tax Agency that is affected, you will have to proceed:
- If you are the affected person: You will have to request the rectification of the declaration to the Tax Agency. There are two ways: through the Internet, by submitting an online request at the Electronic Headquarters of the Tax Agency; or in person at a Tax Agency office, bringing a paper document explaining what the error was in the declaration presented.
- If the affected party is the Tax Agency: The Tax Agency will be harmed if you have paid a lower amount than you should have, or if you have received a larger refund than you were entitled to.
When this happens, the solution is to file a complementary return. That is, to file Form 200 again, indicating in the corresponding box that it is a complementary declaration that must contain: the data of the declaration to be modified and the data added in the new declaration.
And in the corresponding box indicate that:
- The result of the previous settlement was negative if it was a deposit.
- Or that the result of the declaration was positive if it was a refund.
The deadline for filing the tax return expired
If the deadline is missed, you can still submit it after the deadline but with the corresponding sanctions. It may happen that:
- The Administration has not yet made a request: A 1% surcharge will have to be paid when making the declaration if less than a month has passed, and it will increase by another 1% for each more month that passes up to a year. That is, you can pay a 1% surcharge if a few days have passed, up to 12% if between 11 and 12 months have passed.
Possible late payment interests must be taken into account for submitting Form 200 after the deadline.
- If the Administration has made a previous notice: If the Administration has already notified you, the sanctions may be more serious. For example, in the event that the result of the tax return is a deposit, a penalty ranging from 50% to 150% of said result will be imposed. If the result of the return was a refund or equal to 0, a fixed penalty of 200 euros will be paid.
It is important to remember that if you make a mistake, you will have an appointment with the Tax Agency again, but this time with a surcharge.
To avoid ‘run-ins’ with the Tax Agency, you can count on the support of Entre Trámites to advise you on all tax issues. We have specialists willing to help you. Contact us to schedule a free consultation or download our app!