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What it is

How cooperatives are taxed in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 15 March 1990. Introduced by: Gobierno.

Official title: Government bill on the Tax Regime of Cooperatives.

Source: Congreso de los Diputados, file 121/000018· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law classifies fiscally protected cooperatives into two groups: protected cooperatives and especially protected cooperatives, and sets the requirements each must meet.
  2. A cooperative loses its fiscally protected status if it breaks certain rules, such as failing to fund the mandatory reserves, distributing non-distributable funds, or exceeding the limits on transactions with non-members.
  3. For corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. purposes, cooperative results are separated from non-cooperative results, transactions with members are valued at market value, and losses can be offset against positive tax payments over the following five years.
  4. Protected cooperatives receive tax benefits: exemptions in the transfer and stamp duty tax, a 20 % rate for cooperative results, free depreciation, and a 95 % rebate on certain local taxes.
  5. Especially protected cooperatives (work-associated, agricultural, community land exploitation, sea, and consumer cooperatives) get an additional exemption and a 50 % rebate on their corporate income tax bill.
  6. Credit cooperatives pay a 26 % rate on cooperative results, and Agricultural Transformation Societies fall under the general tax regime, with some specific tax benefits.

Who it affects

  • Cooperatives: They must register with the tax census, notify their incorporation and dissolution, and meet limits on transactions and salaried staff to keep their tax benefits.
  • Members of cooperatives: Cooperative returns are taxed as capital income when subject to withholding, and members get a 10 % deduction (5 % if the cooperative is especially protected).
  • Credit cooperatives: They have a special 26 % rate for cooperative results and their own requirements to keep protected status.
  • Agricultural Transformation Societies: They are generally taxed like companies, with limited exemptions and rebates.
  • City councils: They must report annually the local tax rebates granted so they can be compensated by the State.

Words worth knowing

Retorno cooperativo (cooperative return)
Part of the cooperative's profits distributed to members based on their activity with it.
Fondo de Educación y Promoción (Education and Promotion Fund)
Mandatory money set aside for training and promotion purposes, which cannot be shared out among members.
Base imponible (tax base)
The amount of money on which the tax is calculated.
Libertad de amortización (free depreciation)
The option to deduct the cost of certain new assets as an expense without following the normal depreciation schedule.
Cooperativa de segundo grado (second-tier cooperative)
A cooperative whose members are other cooperatives.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced15 March 1990Someone registers the text in the Congreso.
  2. Admitted20 March 1990The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 2 official steps on a timeline
Mar 199011. 15 March 1990: Presentación22. 20 March 1990: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Presented before in:

Published in the BOE: Law 20/1990, of December 19, on the Tax Regime of Cooperatives

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.