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Form 200. Corporate Income Tax Declaration 2018

4.3.3.1 Amount to be compensated

The amount to be reflected in the key [00547] will be the result of completing the section "Details of negative tax bases" on page 15 of form 200.

First of all, it should be noted that for tax periods beginning on or after January 1, 2015, the offsetting of negative tax bases is allowed without any time limit (the maximum period of 18 years established is therefore eliminated). by the previous regulations governing Corporate Tax).

For these purposes, the twenty-first transitional provision of the LIS establishes a transitional regime according to which the negative tax bases pending compensation at the beginning of the first tax period that would have started on or after 1 January 2015, they may be offset in subsequent tax periods.

On the other hand, article 26.1 of the LIS establishes that the negative tax bases that have been subject to liquidation or self-assessment may be offset with the positive income of the following tax periods with a limit of 70 percent (60 percent for the periods tax periods that begin in 2016, as established in the thirty-sixth transitional provision of the LIS) of the tax base prior to the application of the capitalization reserve established in article 25 of this regulation and its compensation.

In any case, negative tax bases can be offset during the tax period up to an amount of 1 million euros. In the event that the tax period has a duration of less than one year, the negative tax bases that may be offset in the tax period, as established in the previous paragraph, will be the result of multiplying 1 million euros by the proportion existing between the duration of the tax period with respect to the year.

For tax periods beginning on or after January 1, 2016, the fifteenth additional provision of the LIS establishes that taxpayers whose net turnover is at least 20 million euros during the 12 months prior to the date on which the tax period begins, they will replace the limit established in article 26.1 of the LIS with the following:

  • 50 percent, when in the aforementioned 12 months the net amount of the turnover is at least 20 million euros but less than 60 million euros.

  • 25 percent, when in the aforementioned 12 months the net amount of the turnover is at least 60 million euros.

The limitation on the compensation of negative tax bases will not apply to the amount of income corresponding to reductions resulting from an agreement with creditors not related to the taxpayer. The negative tax bases that are offset with said income will not be taken into consideration with respect to the amount of 1 million euros referred to above.

These income corresponding to deductions or waits resulting from an agreement with creditors not linked to the taxpayer, must be entered in code [00545] on page 13 of form 200.

Likewise, for tax periods beginning on or after January 1, 2016, Royal Decree-Law 3/2016, of December 2, has added section 8 to the sixteenth transitional provision of the LIS, according to which the The limitation on the compensation of negative tax bases will also not be applied to the amount of income corresponding to the reversal of impairment losses that are integrated into the tax base by application of the provisions of the previous sections of the aforementioned transitional provision, provided that the Impairment losses deducted during the tax period in which the negative tax bases that are intended to be offset were generated would have represented at least 90 percent of the deductible expenses of said period. In the event that the entity had negative tax bases generated in several periods beginning before January 1, 2013, this requirement may be met by the aggregate calculation of all the deductible expenses of said tax periods.

The amount of these incomes must be entered in code [01509] on page 13 of form 200.

Consequently, and solely to determine the amount of key [00547] that will be affected by the application of the corresponding limitation established for the compensation of negative tax bases, the amount that appears in key [00547] will be subtracted from said key [00547]. 00545] and [01509] (keys [00593] and [01510] in the case of cooperative societies).

The limit provided for in the first paragraph of article 26.1 of the LIS for the compensation of negative tax bases will not apply in the tax period in which the extinction of the entity occurs, unless it is a consequence of a restructuring operation which results from application of the special tax regime established in Chapter VII of Title VII of this Law.

Nor will this limit apply in the case of newly created entities referred to in article 29.1 of the LIS, in the first 3 tax periods in which a positive tax base is generated prior to its compensation.

However, negative tax bases may not be offset when the following circumstances occur:

  1. The majority of the share capital or the rights to participate in the results of the entity that have been acquired by a person or entity or by a group of related persons or entities, after the conclusion of the tax period to which the tax base corresponds negative.

  2. The persons or entities referred to in the previous paragraph would have had a participation of less than 25 percent at the time of the conclusion of the tax period to which the negative tax base corresponds.

  3. The acquired company finds itself in one of the following circumstances:

    1. Had not been carrying out any economic activity within the 3 months prior to the acquisition;

    2. Carry out an economic activity in the 2 years following the acquisition that is different or additional to that carried out previously, which will determine, in itself, a net amount of the turnover in those subsequent years greater than 50 percent of the average amount of the turnover of the entity corresponding to the previous 2 years. A different or additional activity is deemed one that is assigned a different group to the previous one, according to the National Classification of Economic Activities.

    3. It is a heritage entity in the terms established in section 2 of article 5 of this Law.

    4. The entity has been removed from the entity index by application of the provisions of letter b) of section 1 of article 119 of this Law.

Finally, article 26.5 of the LIS establishes that the right of the Administration to initiate the procedure for verifying the negative tax bases compensated or pending compensation will expire after 10 years, counting from the day following the day on which the term ends. established to present the declaration or self-assessment corresponding to the tax period in which the right to compensation was generated.

After this period, the taxpayer must prove the negative tax bases whose compensation is sought by displaying the liquidation or self-assessment and the accounting, with proof of their deposit during the aforementioned period in the Commercial Registry.