viernes, 25 de marzo de 2022
Tax benefits of housing cooperatives
The tax benefits of housing cooperatives are numerous. And it is that cooperative societies have always enjoyed a more favorable tax regime due to their social function. This is demonstrated by the Spanish Constitution itself in its article 129.2. In it, it urges the public authorities to promote cooperative societies through the appropriate legislation.
What is the tax regime for housing cooperatives?
Take note because the tax benefits of housing cooperatives are many!
They are exempt from paying the Tax on Capital Transfers and Documented Legal Acts with respect to the acts of incorporation, capital increase, merger and spin-off. Also in the cancellation of loans!
With respect to Corporation Tax, only a tax rate of 20% is applied.
They enjoy a discount of up to 95% of the amount of the Tax on Economic Activities.
They can offset the negative fees with the positive ones of the following tax periods with a limit of 70% of the full fee prior to compensation.
Regarding the compensation of negative fees, in the case of cooperatives whose turnover is at least 20 million euros during the 12 months prior to the date on which the tax period begins, the limit that can be compensated will be the:
50% if the turnover is between 20 and 60 million euros.
25% if the turnover is greater than 60 million euros.
However, the law on the tax regime of cooperatives establishes that *in any case, full installments will be compensable in the tax period for the amount resulting from multiplying one million euros at the average tax rate of the entity.*
In addition, the Administration will only be able to verify the negative quotas compensated or pending compensation within 10 years from the day following the end of the term established to present the declaration or self-assessment corresponding to the tax period that allowed the compensation.
After this period, the taxpayer who intends to offset negative quotas, must prove them by showing the liquidation or self-assessment and the accounting, as well as proving their deposit in the Mercantile Registry.
The tax benefits of housing cooperatives have a positive impact on the final sale price of homes under the cooperative system, allowing it to be lower. At a lower price, less interest!
In addition, the accounts of the housing cooperative are audited by a company authorized to carry out such work. This company is ratified by the General Assembly – guaranteeing its legality and transparency – who will present themselves and explain the accounts to the cooperative members.
And this would be all about the taxation of a housing cooperative!
What are the tax benefits for cooperative members?
Yes, cooperative members also have tax benefits! The amounts that the members contribute to the housing cooperative to become winners of a home are deductible on their income tax return.
In addition, the tax benefits of housing cooperatives are not incompatible with the tax benefits of your home savings account.
You read right! If you acquire a home through a cooperative, you will benefit tax-wise twice.