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Spain: Domestic Corporate Taxes

BACK TO SPAIN INFORMATION: BUSINESS, TAXATION AND INVESTMENT

Spain Scope of Income Tax

All resident companies and permanent establishments of non-resident companies are subject to income tax. Resident companies are liable for tax on their worldwide income. Non-resident companies are taxed on their Spanish-sourced income only.

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Spain Income Tax Rates

The corporate income tax rate for 2010 is 30%. For businesses with a turnover of less than EUR8m, the first EUR120,202.41 of profit are taxed at 25% and anything above that at 30%.

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Spain Calculation of Taxable Base

Taxable income includes all trading profits, passive income and capital gains. The first EUR6,000 of capital gains is taxed at 19%; after that, the rate increases to 21%.

Federal or local losses may be carried forward for a maximum of 15 years.


Spain Filing Requirements and Payment of Tax

The tax year is generally the calendar year, although the company may choose an alternative accounting year. Tax returns must be filed and all taxes due paid by the 25th day following the sixth month of the end of the tax year.

Companies are generally required to make three tax prepayments in April, October and December of each year, based on accounts of the first three, nine and 11 months of the calendar year, respectively. This is compulsory for businesses with an annual turnover of more than EUR6,010,121.04 (for 2010), at a rate of 21%. However, companies with a turnover below this threshold can opt to pay instalments at a rate of 18% of the gross tax payable in the previous year.

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Spain Withholding Taxes

Withholding tax of 19% is payable on interest and dividend payments, whether domestic or to non-treaty countries. However, where dividends are paid to a company that has share capital, which has been held during the prior year, equal to or above 5%, withholding tax does not apply.

Royalties are generally subject to withholding tax of 24% in the case of the licensing of rights of publicity, and 18% for other royalties. Until 2011, royalties paid to associated EU-resident companies are subject to withholding tax of 10%.

Other withholding taxes include 18% on commission, rental payments and contest prizes; 15% on income from courses, conferences, symposiums, seminars or derived from the literary, artistic or scientific work; and 2% on farming income and forestry activities.


Spain Sales Taxes and VAT

The standard VAT rate is 16%. A reduced rate of 7% applies to food production and services. From July 1, 2010 these rates will increase to 18% and 8% respectively.

BACK TO SPAIN INFORMATION: BUSINESS, TAXATION AND INVESTMENT





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