Temporary allocation of income from movable capital

General rule

Regulations: Art. 14.1 a) Law Income Tax

Income from movable capital, both income and expenses, must be attributed to the tax period in which they are payable by the recipient, regardless of when the income was collected and the expenses were paid.

Special rules

• Yields pending court ruling

  Regulations: Art. 14.2.a) Personal Income Tax Law

  When all or part of a return has not been paid because the determination of the right to its collection or its amount is pending a judicial resolution (not merely a lack of payment), the unpaid amounts will be charged to the tax period in which the judicial ruling becomes final.

• Estimated returns on movable capital

  Regulations: Art. 14.2.f) Law Income Tax

  The estimated returns on movable capital will be attributed to the tax period in which they are deemed to have occurred. This period will coincide with the period in which the provision of the good or right generating the income was carried out.

• Income derived from the transfer of the exploitation of copyright

  Regulations: Art. 7.3 Regulation Income Tax

  In the case of capital gains derived from the transfer of the exploitation of copyright that accrue over several years, the taxpayer may choose to allocate the advance payment to the account thereof as the rights accrue.

  Note: If the taxpayer chooses to charge the advance payment as the royalties accrue, he/she must check box [0049] on the declaration.

• Negative returns from the transfer of financial assets

  Regulations: Art. 25.2 Law Income Tax

  When the taxpayer has acquired homogeneous financial assets within the two months prior to or after said transfers, they will be integrated into the taxable savings base as the financial assets that remain in the taxpayer's assets are transferred.

• Benefits derived from life and disability insurance contracts

  Benefits derived from life and disability insurance contracts that generate capital gains will be allocated to the tax period corresponding to the moment in which, once the contingency covered by the contract has occurred, the benefit becomes payable by the beneficiary of the insurance.