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Form 100. Personal Income Tax Return Declaration 2017

8.2.6.3. Section G3: imputation to 2017 of capital gains eligible for deferral for reinvestment (to be integrated into the general tax base)

In this section, the part of the capital gains derived from the transfer of items assigned to economic activities which, due to having made use of the reinvestment system established in article 21 of Law 43/1995, of 27 December, on Corporate Income Tax, in the wording in force until 1 January 2002, should be declared and allocated to the 2016 financial year.

COMPLETION

Attention : In the case of transfer of assets that are common to both spouses, only the part of the asset gain that corresponds to the spouse who carries out the economic activity may benefit from the deferral by reinvestment regime.

AMOUNT OF CAPITAL GAIN ATTRIBUTABLE TO 2017

The amount of the capital gain under the reinvestment deferral scheme attributable to the year 2017 shall be entered according to the integration method chosen.

INTEGRATION METHODS (art. 21.3 Law 43/95 (repealed); art. 34 RD 537/97)

Deferred capital gains will be integrated into the tax base according to one of the following deferral methods, at the taxpayer's choice:

  1. In tax periods ending within seven years following the close of the tax period in which the reinvestment period expires.

    In this case, the income that proportionally corresponds to its duration in relation to the aforementioned seven years will be integrated into each period.

  2. In the tax periods in which the assets in which the reinvestment takes place are amortized, if they are depreciable assets.

    In this case, the income that proportionally corresponds to the value of the tax-deductible amortization of the assets in relation to their acquisition price or production cost will be integrated into each period.

The choice for one or the other method must have been made in the first tax period in which the income is incorporated, and will be expressed in the declaration corresponding to said period.

Once the choice is made it cannot be modified. If the election is not made, the first method will be applied.

In the box corresponding to "Integration Method" you must enter the key that corresponds in each case to the following:

  1. Imputation, in equal parts, in the 7 years following the end of the tax period in which the legally established period to carry out the reinvestment expires.

    This integration method must necessarily be adopted in the event that the reinvestment has materialized in equity elements that are not amortizable.

  2. Imputation in the tax periods during which the assets are amortized in which the reinvestment takes place.

  3. Both methods, assuming that the reinvestment had materialized in both amortizable and non-amortizable elements, or in elements that are only partially amortizable.