4.2.37 Codes 01808 and 01812 decrease in value caused by fair value criteria (Article 15 l) LIS)

For tax periods beginning on or after January 1, 2017, RDL 3/2016, of December 2, which adopts measures in the tax field aimed at consolidation of public finances and other urgent measures in social matters, introduces in the new article 15 l) of the LIS an exception to the general rule established by article 17.1 of said Law, according to which the variations in value caused by application of the fair value criterion will not have tax effects as long as they do not have to be allocated to the profit and loss account.

For these purposes, article 15 l) of the LIS establishes that the decreases in value caused by the application of the fair value criterion corresponding to values representing participations in the capital or equity of entities that meet the required requirements will not be deductible. by article 15 k) of said Law, which are charged to the profit and loss account, unless, previously, an increase in value corresponding to homogeneous values of the same has been integrated into the tax base, where applicable. amount.

Consequently, the taxpayer must include in the increase key [01808], completing, where appropriate, its corresponding breakdown boxes, the amount of the decreases in value caused by application of the fair value criterion corresponding to values representative of the shares. in the capital or own funds of entities that meet the aforementioned requirements.