f) Information to be provided in the personal income tax return
The maximum period for materializing the reserve for investments in the Canary Islands (RIC) is three years, pursuant to the provisions of article 27.4 of Law 19/1994, of July 6, amending the Economic and Fiscal Regime of the Canary Islands.
This three-year period must be counted from the date of accrual of the tax corresponding to the year in which the allocation (accounting) of the reserve occurs and said allocation in the case of natural persons may be:
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at the close of the accounting period on December 31 of each year.
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in the year following the year in which the profit is obtained.
The above determines that natural persons will have an effective period of three or four years to materialize the reserve for investments in the Canary Islands, depending on when they have made the accounting entry for the provision of the reserve (at the end of the financial year or in the following financial year). The design of the IRPF model responds to this duality (which does not occur in the case of Companies). However, as a consequence of the provisions of the eighth transitional provision of Law 19/1994, in the case of the reserve for investments with profits obtained in tax periods beginning in 2016, the period is extended by one year (therefore, the effective period will be four or five years depending on when the accounting entry for the provision of the reserve was made).
Information on provisions and materialisations made in 2021 of the reserve for investments in the Canary Islands corresponding to the years 2016 to 2021 and early investments of future provisions will be provided in accordance with the breakdown contained in the corresponding section of Annex A.2 of the declaration as follows:
Allocations and materializations made in 2021
- Casillas [1681] , [0733], [0735], [0738], [0742] and [0746]
The amount of the allocations corresponding to income obtained in the Canary Islands in the years 2016 to 2021 that have been allocated to the RIC will be indicated.
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Casillas [1682] , [0734] [0789], [0792], [0794] and [0802]
The year of the allocation will be indicated (2017 to 2021) which, as mentioned above, may be at the end of the year in which the net operating income was obtained or in the following year.
- Casillas [1684] , [0777], [0736], [0739], [0743], [0747] and [0750]
The amount of the materializations made against the previously declared allocation in the investments provided for in letters A, B, B bis and D 1 of article 27.4 of Law 19/1994 will be indicated.
- Casillas [1684] , [0778], [0737], [0740], [0744], [0748] and [0751]
The amount of the materializations made against the previously declared allocation in the investments provided for in letters C and D 2 to 6 of article 27.4 of Law 19/1994 will be indicated.
- Casillas [1683], [0829], [0790], [0741], [0745] and [0749]
The amount of each of the previously declared provisions that is pending materialization as of December 31, 2021 will be indicated.
Boxes [1683] and [0829] will only be completed in the case of amounts allocated to the reserve for investments in the Canary Islands established either with profits from 2016 that have been accounted for in 2017 (box [1683] ) or with profits from the 2017 financial year that have been accounted for in 2018 (box [ 0829 ] ).
Covid-19: In relation to the information that must be provided regarding provisions and materializations of the RIC the following must be taken into account:
Exercise 2016:
Royal Decree-Law 39/2020, of December 29, on financial measures for social and economic support and compliance with the execution of judgments, introduced a new eighth transitional provision in Law 19/1994, of July 6, amending the Economic and Fiscal Regime of the Canary Islands, to extend by one year the maximum period for carrying out the materialization of the reserve for investments in the Canary Islands endowed with profits obtained in 2016, due to the serious effects that the pandemic had had on the realization of investments and economic results in 2020.
As a consequence of the health crisis situation caused by COVID-19, the ninth Additional Provision of Royal Decree-Law 11/2020 , of March 31, established that the limitation and expiration periods of any actions and rights contemplated in the tax regulations were suspended from March 14 (date of entry into force of Royal Decree 463/2020, of March 14, declaring a state of alarm for the management of the health crisis situation caused by COVID-19), until May 30, 2020.
For this reason, if the reserve created with profits from 2016 is accounted for in 2017, the aforementioned period is extended by 78 days, which means that there may be surpluses pending to be realized, box [1683] of the declaration.
Exercises 2017 and 2018:
For the purposes of completing boxes [0829] and [0790] please note that Additional Provision Nine of Royal Decree-Law 11/2020, of March 31, which adopts urgent complementary measures in the social and economic field to address COVID-19 determines that the deadline for materialization has been suspended from March 14 to May 30, 2020.
Consequently, with respect to fiscal year 2017 , if the reserve established with profits from 2017 is accounted for in 2018, the deadline for materializing the investment that ended on December 31, 2021 is extended by 78 more days. As for the year 2018 , if the reserve created with profits from 2018 is accounted for in 2018, the deadline for materializing the investment that ended on December 31, 2021 is extended by 78 more days.
Early investments of future allocations to the Reserve for Investments in the Canary Islands, made in 2021
The information will be provided according to the following breakdown:
- Box [0750].
The amount of investments made in 2021 for the early materialization of future provisions as provided for in Article 27.4 will be indicated. A, B, B bis and D 1, Law 19/1994.
- Box [0751].
The amount of investments made in 2021 for the early materialization of future provisions as provided for in Article 27.4 will be indicated. C and D 2 to 6, Law 19/1994.
Covid-19: Please note, with regard to early investments of future provisions to the RIC made in previous years, that Additional Provision Nine of Royal Decree-Law 11/2020, of March 31, established that the statute of limitations and expiration periods for any actions and rights contemplated in the tax regulations are suspended from March 14 (date of entry into force of Royal Decree 463/2020, of March 14, declaring a state of alarm for the management of the health crisis situation caused by COVID-19), until May 30, 2020.
For this reason, the deadlines for making the provision that ends in the 2021 financial year are extended by 78 more days.