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Form 200. Corporate Income Tax Declaration 2018

9.6.4 Excess positive liquid quota (art. 130.1 and DT 33ª.4 LIS)

Article 130.1 of the LIS establishes that the deferred tax assets corresponding to the provisions referred to in article 11.12 of the LIS may become a claim payable to the Tax Administration. , for an amount equal to the positive liquid quota corresponding to the tax period of generation of those, provided that any of the circumstances included in article 130.2 of this Law apply.

The second paragraph of article 130.1 of the LIS establishes that when the amount of the positive liquid quota of a certain tax period is greater than the amount of the deferred tax assets generated therein referred to in the previous paragraph, the entity may have the right provided for in this article, for an amount equal to the excess, with respect to those assets of the same nature generated in previous tax periods or in the 2 subsequent tax periods.

Section 4 of the thirty-third transitional provision of the LIS establishes that notwithstanding the provisions of the second paragraph of section 1 of article 130 of the LIS, the excess indicated therein will reduce, in advance, the amount of the deferred tax assets with respect to of which the property benefit indicated in section 2 of this provision must be satisfied.

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 this Law 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, in the terms established in the thirteenth Additional Provision of this Law.

Throughout the section, it must be taken into account that the keys corresponding to the "2018(*)" row must only be completed in the case in which the entity has provisions pending integration corresponding to a tax period that began in 2018, prior to the one in which now it is the subject of declaration.

  1. 9.6.4.1 Excess positive liquid quota pending at the beginning of the period/generated in the period itself
  2. 9.6.4.2 Excess positive liquid quota applied in tax periods from 2008 to 2015 (DT 33ª.4 LIS)
  3. 9.6.4.3 Excess positive liquid quota applied in tax periods starting from 2016 (art. 130.1 paragraph 2º LIS)
  4. 9.6.4.4 Excess positive liquid quota pending application in future periods