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Form 200. Corporate Income Tax Declaration 2018

8.6.2 Basis of deduction

In accordance with article 18 of Law 49/2002, the basis of deductions for donations, donations and contributions made in favor of non-profit entities will be:

  1. In monetary donations, their amount.

  2. In donations or donations of goods or rights, the book value they had at the time of transfer and, failing that, the value determined in accordance with the Wealth Tax regulations.

  3. In the constitution of a real right of usufruct over real estate, the annual amount resulting from applying, in each of the tax periods of duration of the usufruct, 2 percent to the cadastral value, determined proportionally to the number of days that corresponds in each tax period.

  4. In the constitution of a real right of usufruct over securities, the annual amount of dividends or interest received by the usufructuary in each of the tax periods of duration of the usufruct.

  5. In the constitution of a real right of usufruct over other assets and rights, the annual amount resulting from applying the legal interest of the money of each year to the value of the usufruct determined at the time of its constitution in accordance with the rules of the Property Transfer Tax and Documented Legal Acts.

  6. In donations or donations of works of art of guaranteed quality and of goods that are part of the Spanish Historical Heritage referred to in article 17 of Law 49/2002, the valuation carried out by the Qualification, Valuation and Export Board. In the case of cultural assets that are not part of the Spanish Historical Heritage, the Board will also assess the sufficiency of the quality of the work.

The value determined in accordance with the expressed rules will have as its maximum limit the normal market value of the asset or right transferred at the time of its transmission.

Taxpayers will have the right to deduct from the full quota, reduced by the deductions and bonuses provided for in Chapters II, III and IV of Title VI of the LIS , 35 percent of the base of the deduction. The amounts corresponding to the tax period not deducted may be applied in the settlements of the tax periods that end in the immediate and subsequent 10 years.

If in the two immediately preceding tax periods donations, donations or contributions with the right to deduction had been made in favor of the same entity for an amount equal to or greater, in each of them, than that of the previous tax period, the percentage of deduction applicable to The base of the deduction in favor of that same entity will be 40 percent.

The base of the deduction may not exceed 10% of the tax base for the tax period. Amounts that exceed this limit may be applied in tax periods ending in the immediate and subsequent ten years.