4.2.21 Keys 00333 and 00334 adjustments for impairment losses on securities representing equity interests or equity (DT 16ª 3 LIS)
RDL 3/2016, of December 2, which adopts measures in the tax field aimed at the consolidation of public finances and other urgent measures in social matters, modifies with effect For tax periods beginning on or after January 1, 2016, the sixteenth transitional provision of the LIS establishing a new mechanism for reversing impairments in the value of shares that were tax deductible in tax periods prior to 2013.
For these purposes, said reversal will be integrated, at least, in equal parts in the tax base corresponding to each of the first five tax periods beginning on or after 1 January 2016.
In cases where a higher amount is reversed by applying the provisions of sections 1 and 2 of the sixteenth transitional provision of the LIS, the balance remaining by application of the provisions of section 3 of said provision shall be integrated, at least, in equal parts between the remaining tax periods.
However, in the event that the transfer of securities representing participation in the capital or equity of entities occurs during the aforementioned tax periods, the amounts pending reversal will be included in the tax base of the tax period in which it occurs, with the limit of the positive income derived from that transfer.
Therefore, the entity, during the first five tax periods that begin on January 1, 2016, must include the tax correction in the key [00333] of increases and, where applicable, in their corresponding breakdown boxes. calculated according to the special rules established in the aforementioned section 3 of the sixteenth transitional provision of the LIS.
In the case of disposal of the participation, the adjustment to be declared in the keys [00333] and [00334] and, where applicable, in their corresponding breakdown boxes, is the difference between the accounting reversal as the greatest result in the disposal of participation, and tax reversion.