4.2.36 Codes 01807 and 01811 losses due to impairment of securities representing shares in the capital or own funds (Art. 15 k) LIS)

In relation to the non-deductibility of losses due to impairment of securities representing shares in the capital or own funds of entities, for tax periods beginning on or after January 1, 2017, Royal 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, has added article 15 k) of the LIS .

For these purposes, said article 15 k) of the LIS establishes that losses due to impairment of securities representing participation in the capital or equity of entities will not be deductible when, in the tax period in which the impairment is recorded, with respect to which any of the following circumstances occur:

• The requirements established in article 21 of the LIS are met, or

• That in the case of participation in the capital or equity of entities not resident in Spanish territory, in said tax period the requirement established in article 21.1 b) of the LIS is not met.

The taxpayer must include in the increases key [01807] the amount of losses due to impairment of securities representing participation in the capital or equity of entities accounted for in the tax period being declared, which are not deductible for application of article 15 k) of the LIS.