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Practical Income Manual 2019.

Other general deductions from previous years

General deductions from previous years for business investment

When in a year subsequent to the one in which the deductions for business investment had been applied, non-compliance occurs with any of the requirements established in the regulations governing Corporate Tax to consolidate the right to said deductions, the regularization must be carried out by the person themselves. taxpayer in the declaration for the financial year in which the non-compliance occurred, adding to the net amount of the tax, in the terms discussed in the first two points above, the amount of the deductions made whose right would have been lost for this reason, plus the late payment interest corresponding to the period during which the deduction was enjoyed.

Deductions for donations of goods or works of art covered by Law 30/1994 or Law 49/2002

The loss of the right to the corresponding deduction for making donations of goods or works of art in favor of foundations or associations declared of public utility included in the scope of application of Law 30/1994, of November 24, on Foundations and of Fiscal Incentives for Private Participation in Activities of General Interest, or in the scope of application of Law 49/2002, of December 23, on the Fiscal Regime of non-profit entities and tax incentives for patronage, may occur as a consequence of the revocation of said donations.

Deductions for investments or expenses in assets of cultural interest and for actions for the protection and dissemination of Spanish Historical Heritage and World Heritage

The loss of the right to deductions made in previous years for the aforementioned concepts may occur due to non-compliance with the requirement of permanence of the assets of the Spanish Historical Heritage in the assets of the acquirer for a period of four years.

See, within Chapter 16, when examining this deduction the period of permanence of these assets in the assets of their owner.

Deductions for business-savings account

Until December 31, 2014, 15 percent of the amounts deposited in the tax period in the so-called "company savings account" were deductible, intended to establish a New Company company regulated in Chapter XII of Law 2/1995. of March 23, of Limited Liability Companies when certain requirements and circumstances were met, with a limit of the deduction base of 9,000 euros per year.

Indicate that Law 2/1995, of March 23, on Limited Liability Companies was repealed by the single repealing provision.3 of Royal Legislative Decree 1/2010, of July 2, which approves the consolidated text of the Capital Companies Law ( BOE of 3).

As of January 1, 2015, this deduction was eliminated.

However, with respect to the deductions already made for the amounts deposited in company savings accounts in years prior to 2015, and in accordance with what was stated in section 5 of article 68.6 of the Personal Income Tax Law in the wording prior to its deletion, the right to them will be lost in the following cases:

  1. When the taxpayer had transferred inter vivos the shares of the Nueva Empresa company within the 2 years following the beginning of its activity.
  2. When the Nueva Empresa company did not meet the conditions that determined the right to this deduction.

    To know the conditions that determined the right to this deduction, see article 68.6 of the Personal Income Tax Law , in the wording in force until December 31, 2014.