9.6.1 Deferred tax assets (DTA). DT 33ª and DA 13ª LIS

In the thirty-third transitional provision of the LIS a transitional regime is established for the conversion of deferred tax assets generated in tax periods beginning before January 1, 2016 into a claimable credit against the Tax Authority.

This provision establishes a different treatment for the exercise of the right to convert said assets into a credit payable to the tax authorities, depending on their generation period:

Deferred tax assets generated before January 1, 2008 .

Section 1 of the thirty-third transitional provision of the LIS establishes that these assets will have the right to conversion into a credit payable by the tax authorities regardless of the amount of the net tax for the tax period in which they were generated.
Deferred tax assets generated in the periods between 2008 and 2015 .

Section 2 of the thirty-third transitional provision of the LIS establishes that in the event that the difference between the amount of deferred tax assets referred to in section 1 of said provision and the aggregate sum of the positive net quotas of this Tax, corresponding to the tax periods between 2008 and 2015 is positive, the application of the provisions of article 130 of the LIS will require that the entity satisfy, with respect to said difference, the patrimonial benefit for conversion of deferred tax assets into a payable credit against the tax authority, regulated in the Thirteenth Additional Provision of this Law.

For these purposes, the Thirteenth Additional Provision of the LIS establishes that the amount of the benefit will be the result of applying 1.5 percent to the total amount of said assets existing on the last day of the tax period corresponding to the Corporate Tax of the entity.

This benefit will be accrued on the day the voluntary declaration period for this Tax begins, with the payment period coinciding with the period established for the self-assessment and payment of this Tax.

The payment of the patrimonial benefit will be made by submitting form 221 for self-assessment of the patrimonial benefit for conversion of deferred tax assets into a claimable credit against the Tax Authority, approved by Order HFP /550/2017, of June 15.

Finally, in relation to taxpayers who apply the provisions of this thirty-third transitional provision of the LIS, section 6 has been introduced in said provision, which establishes for these taxpayers the obligation to provide the following information:
- Total amount of deferred tax assets referred to in section 1 of this provision.
- Total amount of the aggregate sum of the positive net quotas of this Tax, corresponding to the tax periods between 2008 and 2015.
- Total amount and year of generation of the deferred tax assets referred to in letter a) above, to which, in turn, section 2 of this provision applies.
- Total amount and year of generation of the deferred tax assets referred to in letter a) above to which section 2 of this provision does not apply, specifying, where applicable, those derived from the application of section 4 of this provision.

To comply with this obligation, taxpayers must complete this section called "Deferred Tax Assets (AID)." DT 33 and DA 13 LIS» on page 20 ter of form 200, as explained below.