Form 115 is an assessment Form whereby the self-employed and companies declare to the Tax Authorities the personal income tax withholdings made on their rentals throughout the quarter. In the case of large companies, if the business is carried out in an office, workshop or rented workspace, it is necessary to render accounts to the Tax Authorities of the tax withholdings that have been practiced monthly in the payment of that rent.

In Form 115, it is necessary to specify the amount of money has not been paid to the lessor on account of personal income tax, if it is a natural person, or of Corporation Tax, if it is a legal person. That amount must be paid to the Tax Authorities on a quarterly or monthly basis.

Who is required to file Form 115

Self-employed persons and SMEs who have a lease (rental) contract for urban property for their economic activity (rustic ones are exempt), are required to present Form 115.

There are certain exemptions to consider. Form 115 will not have to be completed in the following cases:

  • In the case of housing rentals that companies pay their workers
  • When the amount of the rent does not exceed 900 euros per year
  • When it is proven that the lessee is taxed by any of the epigraphs of group 861 of the First Section of the Rates of the Tax on economic activities
  • When we are dealing with a financial leasing contract whose exclusive purpose is the assignment of the use of real estate in exchange for the periodic payment of installments. That is, a financial lease or lease for renting
  • When the income is obtained by totally exempt entities established in article 9.1 of the Corporation Income Tax Law.

When and how to file Form 115

In its presentation, several deadlines must be taken into account:

The quarterly return of Form 115 will be made between the 1st and 20th (both inclusive) of the months of April, July, October and January for the tax withholdings and payments on account corresponding to the previous calendar quarter.

The monthly declaration of Form 115 for large companies will be made between the 1st and 20th (both inclusive) of the month following the corresponding monthly declaration period. Except in the case of income for the month of July, which will be presented during the month of August and the first twenty calendar days of September.

There are 2 ways to do it:

  • Telematically (having the digital certificate) or,
  • By presenting yourself to any collaborating bank with the declaration to make the corresponding deposit.

At the end of the fiscal year and coinciding with the declaration of the fourth quarter (between January 1 and 20 of the following year), the Form 180 must also be presented, together with Form 115. It is an annual summary of the tax withholdings declared each quarter where, in addition, the identity of the recipients and the cadastral references of the properties that are the object of the lease must be detailed

If you have questions about how to fill this form, do not hesitate to contact Arintass. We will solve all your questions.

Ramón Sánchez

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