8.3.4. Offsetting negative items in the savings tax base
Negative items from previous years pending compensation as of January 1, 2019 can be:
- Negative balances of capital gains from 2015, 2016, 2017 and 2018, pending compensation as of January 1, 2019, to be integrated into the savings tax base.
- Negative balances of capital gains and losses from 2015, 2016, 2017 and 2018, pending compensation as of January 1, 2019, to be integrated into the savings tax base.
1. Compensation of the negative items pending from previous years with their respective positive balance of returns or profits and losses for the year 2019
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The positive balance of capital gains for fiscal year 2019, once said balance has been reduced by the compensation of capital losses corresponding to fiscal year 2019, may be offset by taxpayer with the balance of negative capital gains pending compensation for fiscal years 2015. , 2016, 2017 and 2018.
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The positive balance of profits and losses for fiscal year 2019, once said balance has been reduced by the compensation of the negative balance, if any, of capital gains obtained in fiscal year 2019, may be offset by taxpayer with the balance of the pending Losses. compensation for the years 2015, 2016, 2017 and 2018.
In no case will compensation be made outside the four-year period, by accumulating negative net balances or capital losses from subsequent years.
2. Offsetting of the remaining negative balances of capital gains and outstanding gains and losses from previous years not offset
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If there are negative balances of capital gains from the years 2015, 2016, 2017 and 2018 that have not been offset as indicated above, they may be offset with the remaining positive balance, if any, of capital gains from the year 2019 up to the limit of 25 percent of the aforementioned positive balance.
This compensation, together with that of the negative balances of movable capital returns for 2019, may not together exceed the limit of 25 percent of the positive balance of profits and losses for 2019.
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If there are negative balances of capital gains and losses for the years 2015, 2016, 2017 and 2018 that have not been offset, in which case, they may be offset with the remaining positive balance, if any, of capital gains for the year 2019. , up to the limit of 25 percent of the aforementioned positive balance.
This compensation, together with that of the negative balances of profits and losses of 2019 that are offset by the positive balance of movable capital returns of 2019, may not jointly exceed the limit of 25 percent of the positive balance of movable capital returns of 2019 before of compensations.