Form 115 is the quarterly form used to declare withholdings made for rental payments of real estate.
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All individual companies, professionals or corporations that pay rent or rents for their offices or urban premises must withhold 21% on the tax base and submit Form 115.
Exceptions
There are some cases where submitting Form 115 is not mandatory. These are:
- When they are housing rentals that companies pay to their workers.
- When what is rented are rural properties.
- When the landlord is exclusively dedicated to renting real estate, that is, they are patrimonial companies and prove it with their activity code 861. You must ensure that the tax authority allows them the exemption.
- When rentals do not exceed €900 annually to the same landlord.
- When it comes to financial leases or leasing.
When must Form 115 be submitted?
Monthly for large companies, and quarterly for the rest of those obligated. Additionally, the tenant must submit the annual summary with Form 180 and issue a withholding certificate.
Quarterly deadlines:
- Quarter 1: From the 1st to the 20th of April, both included.
- Quarter 2: From the 1st to the 20th of July, both included.
- Quarter 3: From the 1st to the 20th of October, both included.
- Quarter 4: From the 1st to the 20th of January, both included.
Annual form:
This is Form 180 (Annual Summary of Withholdings and Income on Account of Rental Income) and must match the quarterly declarations.
Other considerations
Form 115 is a very simple form where the recipients of rental withholdings, the tax base of withholdings and the withholding to be paid are detailed.
Normally the same amount is paid in each declaration unless the rent of the premises or office is modified.
Last update: 06.06.2017
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