8.4.4.80 Deferral of deductions Chapter IV Title VI Law 43/1995, RDLeg. 4/2004 (DT 24ª.3 LIS) and LIS

Deductions generated in previous tax periods that have been subject to the deferral established in article 39 of the LIS will be included here, and the calculation of the term for their application will begin in the 2018 tax period.

According to the aforementioned article, the calculation of the periods for the application of the deductions may be deferred until the first fiscal year in which, within the limitation period, positive results are produced, in the following cases: a) in newly created entities; b) in entities that offset losses from previous years by effectively contributing new resources, without considering as such the application or capitalization of reserves.

Furthermore, it should be noted that in the case of deductions that are computed as a result of deferral in a tax period other than that in which they were generated, both the limit or limits established by the regulations of the tax period in which they were generated, and the one in force in the tax period in which the deduction is applied, must be respected.