8.3.4. Compensation of negative items in the savings tax base
The negative items from previous years pending compensation at 1 January 2018 would be:
The negative balances of income from movable capital from 2014 to 2017 to be included in the Taxable Savings Base.
The net negative balances of capital gains and losses from the financial years 2014 to 2017 which, according to the regulations in force in those financial years, were included in the taxable income for savings.
These balances include the net negative balances of capital gains and losses in 2014 arising from the transfer of assets acquired with a year or less
For these negative balances for the years 2014 to 2017, transitory rules have been introduced which determines the following way of offsetting:
The negative balances of income from movable capital from 2014 to 2017 with the positive balance of identical income obtained in 2018, up to the amount of the positive balance.
The net negative balances of capital gains and losses arising from the transfer of capital assets, regardless of their period of permanence, from 2014 to 2017, with the net positive balance of capital gains and losses obtained in the year itself, up to the amount of the positive balance.
Special procedure for offsetting the portion of negative balances arising from negative income derived from subordinated debt and preference shares corresponding to the financial year 2014.
This compensation concerns:
Negative capital gains arising from subordinated debt securities
Negative capital gains derived from participating preference shares under the conditions set out in Additional Provision Two of Act 13/1985, of 25 May, on investment coefficients, equity and reporting obligations of financial intermediaries.
Negative capital gains or losses arising from the transfer of securities received through repurchase and subscription transactions or exchange of the aforementioned securities.
In such cases, the following procedure shall apply:
The negative returns derived from preference shares or subordinated debt or from other securities received in substitution of these, corresponding to 2014, may be offset against the positive balance of the profits derived from the transfer of patrimonial elements that becomes apparent in 2018.
On the other hand, the patrimonial losses derived from the transfer of securities received in substitution of preference shares or subordinated debt, corresponding to 2014, may be compensated with the positive balance of the income from capital corresponding to 2018 and up to its amount.