11.2.2.5 Compensation of fees for cooperative losses
This field will be automatically completed when dealing with cooperative societies whose previous integral quota for the tax period is positive, provided that they have pending compensation for any previous integral quota of negative sign from previous tax periods and the taxpayer has decided to compensate it, totally or partially, in the present declaration, for which they will have had to complete the "compensation of quotas for cooperative losses" screen, which appears as a breakdown in this field.
As regards the time limit for offsetting negative quotas, negative integral quotas may be offset against positive integral quotas from the following tax periods without any time limit.
However, quantitative limits on compensation have been established for tax periods beginning in 2016. On the one hand, the RDL 3/2016, of December 2, has introduced the eighth Additional Provision to Law 20/1990, of December 19, on the Tax Regime of Cooperatives, establishing that for tax periods that begin on or after January 1, 2016, for cooperatives whose net turnover is at least 20 million euros during the 12 months prior to the date of the start of the tax period, the limit established in article 24.1 of the aforementioned Law 20/1990, will be replaced by the following:
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50 percent, when in the referred 12 months the net amount of the turnover is at least 20 million euros but less than 60 million euros.
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25 percent, when the net turnover in the referred 12 months is at least 60 million euros.
On the other hand, the aforementioned Royal Decree-Law 3/2016 has modified section 2 of the eighth transitional provision of Law 20/1990, establishing that in the case of cooperatives to which the Eighth Additional Provision of Law 20/1990 does not apply, the limit referred to in article 24.1 of this Law will be 60 percent for tax periods beginning in 2016.
The amount of the key [00561] applied in the 2016 tax return may not, under any circumstances, exceed the positive amount reflected in the key [00560] (previous full quota).