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12-01-2022

Formal tax duties from early 2022

We review some of the main formal tax obligations that companies must meet in early 2022 to ensure the application of certain incentives or special tax regimes.

OBLIGATIONS IN THE FIRST MONTHS OF 2022

On the other hand, in the  first months of 2022 , certain obligations must also be met. Among others, the following:

1. Census obligations

During the month of January 2022, companies with a volume of operations in 2021 exceeding 6 million euros must notify the Tax Administration of their consideration as a “large company” for tax purposes, in order to submit their periodic returns on a monthly basis, as long as, previously, they did not already have this consideration.

Similarly, large companies that have seen their volume of operations reduced in 2021 below this amount, must communicate that they have ceased to have this consideration, resubmitting their returns on a quarterly basis.

2. Corporation Tax

Split payments: Entities with a net turnover of less than 6 million euros that want to choose to calculate their payments on account by the “base method”, may do so until the end of February 2022.

3. VAT

  • Taxpayers who wish to apply the special pro-rata rule in 2021, must exercise their option in the last declaration-settlement of 2021, which will be presented in January 2022.
  • In this last declaration-settlement of 2021, it may also be requested, where appropriate, the return of the balance that taxpayers have in their favor as of December 31, 2021.
  • The application of a provisional deduction percentage other than the one set as definitive for the year 2021, must be requested, in general, during the month of January 2022, for it to take effect in said year.
  • Taxpayers that apply the special regime for a group of entities must communicate, where appropriate, the modifications that have occurred in the month of December 2021 during the period of presentation of the last declaration-settlement of 2021 (January 2022). In case of incorporation in the month of December 2021 of a new entity to the group, the communication may be submitted until January 20, 2022.
  • Taxpayers who keep their record books through the SII, must communicate certain information with tax significance relative to the year 2021 within the deadline for filing the return-settlement of the last period of 2021 (until January 30, 2022). They must also send in the same period the information from the investment property registry book for the year 2021.
  • The settlement of operations assimilated to imports carried out in 2021 that consist of non-compliance with the determining requirements of international maritime and air navigation and in the exclusive not affecting the rescue, maritime assistance or coastal fishing of the ships whose delivery, Intra-community acquisition or importation would have been exempt (article 19 paragraphs 1, 2 and 3 of the VAT Law) may be carried out until January 30, 2022.

4. Tax on Electricity

During the first two months of each year, the beneficiaries of the reduction of 85% of the Tax on Electricity must communicate the amount of energy actually consumed or, where appropriate, the final percentage of the electricity consumed entitled to the reduction during the previous calendar year. This final percentage is the one that will be taken into account for new supplies. If the communication does not occur within the first two months of each calendar year, it will be considered that there has been no variation with respect to the data initially communicated.

5. Local taxes

Form 848 for communication of the net amount of turnover for IAE purposes must be submitted between January 1 and February 14, 2022. Let us remember that this communication must be made by those entities in which the following are given circumstances:

  • That they are obliged to pay the IAE because the exemption provided for in article 82.1 c) of the revised text of the Local Tax Law is not applicable (net amount of turnover less than 1 million euros).
  • That in the last Corporate Income Tax return filed before January 1 of the year in which said figure (of 1 million euros) should take effect on the IAE, they have not stated the net amount of turnover (that is, in the Corporate Tax return for fiscal year 2020 filed in July 2021).
                     
    In the case of entities that are part of a group within the meaning of article 42 of the Commercial Code, form 848 will have to be presented in those cases in which the parent entity of the group has not stated the net amount of the figure of businesses of the entities belonging to the group in the aforementioned Corporate Tax return.