4.2.21 Codes 00333 and 00334 adjustments for losses due to impairment of securities representing shares in capital or own funds (DT 16ª 3 LIS)

Decree-Law 3/2016, of December 2, which adopts measures in the tax field aimed at the consolidation of public finances and other urgent measures in social matters, modifies with effect for the tax periods that begin on As of January 1, 2016, the sixteenth transitional provision of the LIS establishing a new mechanism for reversing impairments in the value of shares that were tax deductible in tax periods prior to 2013.

For these purposes, said reversion will be integrated, at least, in equal parts into the tax base corresponding to each of the first five tax periods that begin on January 1, 2016.

In cases where the reversal of a higher amount occurs by application of the provisions of sections 1 and 2 of the sixteenth transitional provision of the LIS, the remaining balance by application of the provisions of section 3 of said provision, It will be integrated, at least, in equal parts between the remaining tax periods.

However, in the event that the transfer of values representing the participation in the capital or own funds of entities occurs during the aforementioned tax periods, the transfers will be integrated into the tax base of the tax period in which it occurs. amounts pending reversal, with the limit of the positive income derived from that transmission.

Therefore, the entity, during the first five tax periods that begin on January 1, 2016, must include in the increase code [00333] the tax correction calculated according to the special rules established in the aforementioned section 3 of the sixteenth transitional provision of the LIS.

In the case of disposal of the participation, the adjustment to be declared in keys [00333] and [00334] is the difference between the accounting reversal as the greatest result in the disposal of the participation, and the tax reversal.