9.6.1 Deferred tax assets (AID). DT 33rd and DA 13th LIS

The thirty-third transitional provision of the LIS establishes a transitional regime for the conversion of deferred tax assets generated in tax periods beginning prior to January 1, 2016 into credit payable against to the tax administration.

This provision establishes a different treatment to the exercise of the right to convert said assets into credit payable before the Tax Administration, 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 be converted into a credit payable before the Tax Administration regardless of the amount of the net amount of 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 the deferred tax assets referred to in section 1 of said provision and the aggregate sum of the positive liquid contributions of This Tax, corresponding to the tax periods elapsed between the years 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 capital benefit for conversion of assets for tax deferred credit payable to the Tax Administration, 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 entity's Corporate Tax. .

Said benefit will accrue on the day of the start of the voluntary declaration period for this Tax, its payment period coinciding with that established for the self-assessment and payment of this Tax.

The payment of the capital benefit will be made by submitting form 221 for self-assessment of the capital benefit for conversion of deferred tax assets into a claimable credit before the Tax Administration, approved by Order HFP /550/2017, 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 into 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 liquid contributions of this Tax, corresponding to the tax periods elapsed between the years 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 appropriate, 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 model 200, as explained below.