4.2.62 Keys 01018 and 01019 temporary joint venture, adjustments based on temporary imputation criteria (Art. 46.2 LIS)
According to the provisions of article 46.1 of the LIS , the imputations of temporary business associations that are taxed under the special regime regulated in Chapter II of Title VII of the LIS, will be made to the persons or entities that hold the economic rights inherent to the quality of partner or member company on the day of the conclusion of the tax period of the entity subject to said regime, in the proportion that results from the statutes of the entity.
For these purposes, article 46.2 of the LIS establishes that the imputation will be made:
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When the partners or member companies are entities subject to this regime, on the date of completion of the tax period of the entity subject to this regime.
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In other cases, in the following tax period, unless it is decided to do so continuously on the same date as the end of the tax period of the entity subject to this regime.
The option will be expressed in the first tax return in which it is to take effect and must be maintained for three years.
Therefore, if in application of the provisions of article 46.2 of the LIS the imputation from the UTE to its partners is carried out in the following tax period after the end of the tax period of the UTE, all the adjustments corresponding to the imputations of article 43 of the LIS will be recorded in keys [01018] and [01019].
Likewise, these keys will include the adjustment for the purpose of cancelling the amount incorporated in the accounting result of the member entity from its participation in the UTE, even if it is made in a tax period other than that of integration in its declaration of the imputations that correspond to it.