8.2.6.3. Section F3 Capital gains and losses arising from the transfer of assets (to be included in the general tax base)

Allocation to the fiscal year of capital gains subject to deferral for reinvestment (derived from items related to economic activities).

Capital gains derived from taxable items accrued in fiscal years prior to 2002 which, through reinvestment of the amount obtained from the acquisition of taxable items, have benefited from deferred imputation and must be declared in the current fiscal year, will be included in this section, regardless of the original generation period of the capital gain obtained at the time.

For these purposes, in accordance with the regulations in force as of December 31, 2001 (article 21 of Law 43/1995, of December 27, on Corporation Tax and article 34 of the Corporation Tax Regulations, approved by Royal Decree 537/1997, of April 14), the amount of profits not included in the tax base of the year in which they were accrued will be incorporated in the general part of the tax base of the tax period in which the assets in which the reinvestment takes place are amortized, provided that they are amortizable assets.

In this case, the profit that proportionally corresponds to the amount of the amortization of the assets in relation to their acquisition value or production cost will be integrated into the general part of the tax base of each tax period.