Allocation of capital gains derived from affected elements received in years prior to 2002 to the tax benefit of deferral for reinvestment
Capital gains derived from assigned elements accrued in years prior to 2002 that, by reinvestment of the amount obtained in the acquisition of assigned elements, have benefited from the deferred imputation and must be declared in the current year, will be included in the corresponding section of heading F2 of the declaration, regardless of the original generation period of the capital gain obtained on that day.
For these purposes, in accordance with the regulations in force as of December 31, 2001 (article 21 of Law 43/1995, of December 27, on Corporate Tax and article 34 of the Corporate Tax Regulation, approved by Royal Decree 537/1997, of April 14), the amount of the profits not integrated into the tax base of the year in which they were accrued, will be incorporated into the general part of the tax base of the tax period in which the assets are amortized in the that the reinvestment materializes, provided that it involves amortizable assets.
In this case, the gain that proportionally corresponds to the amount of amortization of the assets in relation to their acquisition value or production cost will be included in the general part of the tax base for each tax period.
The amortization amount will be the amount that must be considered tax deductible, and may not be less than the result of applying the coefficient resulting from the maximum amortization period established in the officially approved amortization tables.
In the event that the net performance of the activity is determined using the objective estimation method, the maximum period established in the officially approved amortization tables must be taken as the amortization period for these purposes.