20 April 2017

Which personal income tax forms do SMEs have to submit to the tax authorities?

Small and medium-sized enterprises are not exempted from reporting to the tax authorities the Personal Income Tax (IRPF). Moreover, in order to comply with their duty they have to file two forms: the 115 and the 130.

Here we explain what each one of them is for, how it works, who is exempt... to eliminate all doubts about the IRPF declaration in an SME.

Table of contents

Form 115

One of the most common expenses for an SME is the rent for the offices where the business operates. In addition to informing the Tax Agency (with form 036), you must apply an income tax withholding that you will have to declare quarterly. This is what form 115 is for.
Your complementary model is the informative annual model 180, which summarises all the annual 115 forms.

The following are obliged to submit form 115:

If you have a rental agreement, this document must be kept with your tax records. This applies whether you are self-employed or a company. There are only a few exceptions:

  • If the rent does not exceed €900 per year.
  • If it is housing that you pay your workers for.
  • In the case of leasing (financial leasing contracts).
  • If your landlord proves compliance with the obligation to pay tax for any point in group 861 of Section One of the Economic Activities Tax Tariffs and it does not result in a zero fee.

When and how to present it?

Nowadays, it is possible to submit the corresponding form for Model 115 both physically and online. Hacienda website. You will also find it there help to fill it in correctly.
Regarding the dates, you will need to be mindful as you will have to declare it quarterly. Remember this calendar:

  • First quarter: 1 to 20 April inclusive.
  • Second term: from 1 to 20 July inclusive.
  • Third trimester: from 1 to 20 October inclusive.
  • Fourth quarter: from 1 to 30 January inclusive.

Don't forget to fill in form 180 at the end of the year either, which is the annual version of form 115.

Form 130

This last one is about a Quarterly income and expenditure statement under which advances of 20% are paid against the income tax return (just as happens with employees' salaries from which income tax is deducted from their salary each month). As we say, with form 130, you pay a 20% of activity performance.

Individuals (natural persons) who are self-employed and carry out an economic activity subject to Personal Income Tax (IRPF) using the objective estimation method, and who do not have a significant number of taxpayers who are customers or users of their services or products. Essentially, it's for most self-employed individuals in Spain.

All the self-employed and business owners. However, professionals who apply a withholding tax of 70%% on their invoices (as a minimum) are exempt from submitting form 130. Business owners registered in an activity classified as business-related and those who participate in a community of property according to their corresponding income could also be exempt.

When and how to present it?

Just like model 115, it is submitted quarterly, so you can do both at the same time. Keep in mind that when you generate model 130 for the second, third, and fourth quarters, you will have to add the previous models again.
You should also be aware that you will always have to submit it even if you have had neither income nor expenses during the corresponding quarter.

If you have any doubts about how to fill it in, you can refer to the part The Tax Agency's support programme.

Therefore, remember, as an SME, every quarter, you must You will need to submit two forms to Hacienda: Form 115 and Form 130. The first for office rent and the second based on your economic activity.

Edenred Spain

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