Temporary joint ventures operating in Spain can be included in a special taxation. When this tax system is used, the tax bases are not submitted to Corporate Income Tax (25%-30%), but attributed to partners (article 48 of Royal Decree Law 4/2004 (0Spanish Corporate Tax Act).
To include a temporary joint venture in the special taxation system, the joint venture has to be registered at the Spanish Ministry of Treasury and Public Administration.
The procedure starts by filling an application form, which can be found under the following link:
The form has to be delivered ONLINE to the Spanish Inland Revenue, attaching the joint venture´s deed of incorporation.
In case the Spanish Inland Revenue took a non-favorable decision, the partners could submit a reconsideration within 1 month. Reconsiderations have to be heard within a period of 6 months.
If the decision to the reconsideration was not favorable, the partners of the temporary joint venture could submit a claim at the Spanish Economic Administrative Courts within 1 month.