Form 115 is the quarterly tax return for withholdings and advance income tax payments on leases or subleases of urban real estate. It’s filed when a company or self-employed professional rents a commercial space, office, or any other urban property for their business activity.

With FacturaDirecta, you can generate Form 115 automatically with just one click. Create a free account and simplify your tax management.

Who must file Form 115?

The following are required to file Form 115:

• Companies that rent commercial premises, offices, or industrial warehouses
• Self-employed professionals who pay rent for a property used in their professional activity
• Tenants of urban properties used for business purposes
• Any company or professional who must apply a 19% withholding on rent

The 19% withholding is applied to the rent amount (excluding VAT, if applicable).

Exceptions: When is Form 115 NOT required?

Form 115 is not required in the following cases:

• When the landlord is a company (only applies if the landlord is an individual)
• Residential property rentals (only for business premises and offices)
• When the rent is not related to business activity
• Leases of rural properties (Form 216 exists for these)

When is Form 115 filed?

Form 115 is filed quarterly, within the following deadlines:

• First quarter (January - March): Until April 20
• Second quarter (April - June): Until July 20
• Third quarter (July - September): Until October 20
• Fourth quarter (October - December): Until January 20 of the following year

If the 20th falls on a Saturday, Sunday, or public holiday, the deadline is moved to the next business day.

How to generate Form 115 with FacturaDirecta

Generating Form 115 for withholdings on property rental payments with FacturaDirecta is very easy. Here are the steps:

1. Sign up for FacturaDirecta for free. No credit card, no commitment, no contract.
2. Record your rental expenses in the program. It’s very simple.
3. Generate Form 115 automatically with one click.
4. Upload it to the AEAT website and you’re done.

The program automatically calculates the 19% withholding on each rent payment and generates the form ready to file.

How is the Form 115 withholding calculated?

The 19% withholding is calculated on the rent amount (taxable base):

Practical example:

• Monthly rent for premises: €1,000
• VAT (21%): €210
• Total invoice: €1,210
• 19% withholding on €1,000: €190
• Amount to pay to landlord: €1,020 (€1,210 - €190)

The tenant must remit those €190 to the Tax Agency via Form 115 and provide the landlord with a withholding certificate.

Information included in Form 115

Form 115 includes the following information:

• Number of recipients: Number of landlords receiving rent payments
• Withholding base: Total sum of rent amounts (excluding VAT)
• Withholdings applied: Total withheld (19% on bases)
• Period income: Withholdings corresponding to the quarter
• Amount to remit: Amount to pay to the Tax Agency

Form 180: Annual summary

At the end of the year, in addition to filing Form 115 for the fourth quarter, you must also file Form 180, which is the annual summary of withholdings on urban property rentals. This form consolidates all information from the four quarters.

Penalties for not filing Form 115

Failure to file Form 115 or filing it late can result in financial penalties:

• Fixed fine of €200 for not filing or filing late
• Proportional fine of 1% to 2% of undeclared withholdings (minimum €300)
• Surcharges for late filing: 5% to 20% depending on the delay

Additionally, the tenant (company or self-employed) cannot deduct the rent expense if withholdings were not correctly applied.

Withholding certificate

The tenant is obligated to provide the landlord with a withholding certificate within one month of the rent payment. This certificate must include:

• Landlord and tenant details
• Rented property (address and cadastral reference)
• Withholding base (rent amount)
• Percentage and amount of withholding
• Corresponding period

This certificate is essential for the landlord to correctly file their income tax return.

Other related forms

If you want to continue learning about tax forms, don’t forget to visit our pages dedicated to:

• Form 111 - Withholdings and advance income tax payments
• Form 303 - Quarterly VAT return
• Self-employed - Everything about being self-employed

There you’ll find all the information about these forms and tax concepts.

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