Practical case

Don APG has obtained the following income in 2021:

Reduced net return on work: 50,000
Reduced net return on economic activity: –5,000
Imputation of real estate income: 300
Capital gain to be integrated into the general tax base: 4,500
Capital loss to be included in the general tax base: 9,600
Negative return on movable capital: –800
Capital gain to be included in the tax base of savings: 5,600
Capital loss to be included in the tax base of savings: 1,600

Likewise, the taxpayer has pending compensation for the following items from the years indicated:

Negative net balance of capital gains and losses not derived from the transfer of assets corresponding to 2017: 600
Negative net balance of capital gains and losses derived from the transfer of assets corresponding to 2017: 700
Negative movable capital returns corresponding to 2017: 500
Negative net balance of capital gains and losses derived from the transfer of assets corresponding to 2018: 2,100

Carry out the integration and compensation of said income in the 2021 tax return.

Solution:

1. Integration and compensation of income in the general tax base:

Yields and income allocations for fiscal year 2021:
- Job: 50,000
- Economic activity: -5,000
- Imputation of real estate income: 300
- Net balance (50,000 – 5,000 + 300) = 45,300
Capital gains and losses for fiscal year 2021 to be integrated into the general tax base:
- Profits: 4,500
- Losses: 9,600
- Negative net balance of profits and losses for fiscal year 2021 (4,500 -9,600) = – 5,100
Compensation of the negative balance of capital gains and losses for the 2021 fiscal year itself:

2021 Negative Net Balance Offsetting: 5,100
Compensation of negative items from previous years:
Compensation negative net balance losses 2016: 600
Total compensations (5,100 + 600) ⁽¹⁾ = 5,700
General tax base (45,300 – 5,700) = 39,600

2. Integration and compensation of income in the savings base:

Capital gains and losses for fiscal year 2021 to be included in the savings tax base:
- Profits: 5,600
- Losses: 1,600
- Positive net balance of profits and losses for fiscal year 2021 (5,600 – 1,600) = 4,000
Compensation of the negative balance of movable capital returns for the 2021 fiscal year itself:

Negative capital returns furniture attributable to 2021 ⁽²⁾: 800

It cannot exceed, together with the negative net balance of income from movable capital from 2017, 25 percent of the positive balance of profits (25% s/4,000 euros = 1,000 euros)
Compensation of negative net balance of capital gains and losses from previous years:
- Compensation negative net balance of losses 2017: 700
- Compensation negative net balance of losses 2018: 2,100
Compensation for negative net balance of capital gains from 2016 ⁽³⁾:200

The sum of the negative returns on movable capital attributable to 2021 (800) and the negative returns from 2017 (200) do not exceed 25 percent of the positive balance for the year, which amounts to 1,000, so they are compensable.
Total compensations (700 + 2,100 + 200) = 3,000
Compensations to be made (up to the amount of the positive balance): (800 + 3,000) = 3,800
Tax base of savings (4,000 – 3,800) = 200

Notes to the example:

⁽¹⁾The maximum compensation limit for negative net balances of capital gains and losses for 2017 and 2021 amounts jointly to 11,325 (25 per 100 s/45,300). ^(Back)

⁽²⁾The negative capital gains for the year will be offset by the positive balance of the capital gains and losses for the year of the savings tax base with a limit of 25 percent of said positive balance, which amounts to 1,000 (25 percent s/4,000 ). This clears all outstanding balances. ^(Back)

⁽³⁾The negative capital gains from 2017 can be offset by the positive balance of capital gains and losses for fiscal year 2021 up to the joint limit of 25% of said balance. In this case, up to 200 euros since the compensation for the negative balance of capital gains from 2021 itself amounted to 800 and the limit was 1,000 euros (25 per 100 s/4,000). ^(Back)