Everything you need to know about related party transactions
In business, Related Party Transactions are a fundamental concept that refers to transactions between related parties, i.e. between companies or individuals that are economically linked. These transactions can occur both between companies within the same corporate group and between entities that share some kind of relationship or control.
The main objective of Related-Party Transactions is to guarantee transparency and fairness in commercial transactions, avoiding possible abuses or undue advantages for any of the parties involved. In addition, they seek to ensure that the prices and conditions agreed in these transactions are similar to those that would be found in a negotiation between independent companies.
It is important to note that Related-Party Transactions cover a wide range of commercial transactions, such as the purchase and sale of goods and services, financial loans, leases, transfer of technology and intellectual property, among others. These transactions must be duly documented and valued according to the criteria established by the legislation in force in each country.
When is there a linked transaction?
These operations cover economic transactions between entities or natural persons. The following relationships are considered to be linked:
- An entity or company and its partners or participants.
- An entity or company and its directors or administrators, excluding remuneration for their functions.
- A company and the spouses or relatives up to the third degree of the partners, directors or administrators.
- Two companies belonging to the same group.
- An entity and the directors or administrators of another entity of the same group.
- An entity and another entity in which at least 25% of the capital or equity is held indirectly.
- Two entities or companies in which the same partners or relatives hold directly or indirectly at least 25% of the capital or equity.
- An entity resident in Spain and its permanent establishments abroad.
These transactions can range from the purchase and sale of goods and services to financial agreements or transfers of intellectual property. The importance lies in the fact that related-party transactions can significantly affect the taxation of the companies involved.
In many cases, companies use these transactions to transfer profits between related entities to reduce their tax burden. This can be considered as an evasive or abusive practice by the tax authorities, as they seek to avoid the fair payment of taxes.
Who is obliged to file form 232?
Those taxpayers liable to corporate income tax, non-resident income tax through a permanent establishment, as well as entities under the system of attribution of income abroad with a presence in Spain, will be obliged to do so under the following conditions:
- Transactions with the same related entity in excess of 250,000 euros in a tax period.
- Specific transactions exceeding 100,000 euros each in a tax period.
- When transactions of the same type using the same valuation method account for more than 50% of the entity’s turnover.
- If the income reduction is applied for the transfer of intangible assets to related entities.
- In cases of transactions or securities in tax havens, regardless of the amount.
When is it not obligatory to declare related-party transactions with Form 232?
It will not be necessary to file form 232 for:
- Transactions between entities in the same tax consolidation group, with exceptions.
- Transactions with members of the same tax consolidation group by economic interest groupings, temporary joint ventures and regional industrial development companies. With the exception of temporary joint ventures under the regime of Article 22 of the LIS.
In the business world, identifying and assessing related-party transactions is of vital importance to ensure transparency and avoid questionable tax practices. However, this process is not always straightforward and requires detailed financial analysis.
What is the deadline for filing Form 232?
If you have a company that closes for tax purposes on 31 December, you must file Form 232 between 1 and 30 November each year. Don’t forget that it is compulsory to do so in electronic format through the Tax Agency’s electronic headquarters. It is important to comply with this deadline to avoid possible penalties.
How do I file Form 232?
Filing must be done electronically, from the Tax Agency’s Electronic Headquarters or its website. It can be filed by taxpayers, legal representatives, voluntary representatives with powers of attorney, and social collaborators in the application of taxes.
The Risks and Challenges of Related-Party Transactions in Financial Management
In financial management, related party transactions pose a number of risks and challenges that should not be overlooked. One of the main tax risks associated with these transactions is tax evasion. Often, companies use these transactions to manipulate their financial results and reduce their tax burden, which is illegal and detrimental to both the state and society at large.
In addition to tax risks, there are also financial risks related to related-party transactions. Conflicts of interest can arise when a company enters into transactions with related entities, either through unrealistic pricing or favourable terms that may negatively affect shareholders and other stakeholders.
Regulation of related-party transactions has become stricter in many countries due to these risks and challenges. Governments have implemented more stringent regulations to ensure transparency and prevent fraudulent practices in this area.
Can the Tax office in Spain verify the valuations declared in related-party transactions?
Yes, the spanish tax administration has the right to verify the valuations of transactions between related entities and may make corrections if the valuations are not in line with fair market value, based on documentation provided and available data.
At the corporate level, it is essential to consider the tax implications of related-party transactions. These operations, which involve transactions between related parties, can create problems with the tax authorities if not handled properly.
One of the key aspects to avoid problems with the tax authorities in relation to related party transactions is to carry out a transfer pricing benchmarking analysis. This involves assessing whether the prices agreed in these transactions are consistent with prices that would have been agreed between independent parties in similar circumstances.
