Practical case

Mr. APG has obtained the following income in 2023:

• Reduced net labor output: 50,000
• Reduced net performance of economic activity: –5.000
• Imputation of real estate income: 300
• Capital gains to be included in the general tax base: 4.500
• Capital loss to be included in the general tax base: 9.600
• Negative return on movable capital to be included in the taxable savings base: –800
• Capital gains to be included in the taxable savings base: 5.600
• Capital loss to be included in the taxable savings base: 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 2019: 600
• Negative net balance of capital gains and losses arising from the transfer of assets corresponding to 2019: 700
• Negative capital gains pending offset from 2019 in the savings tax base: 500
• Negative net balance of capital gains and losses arising from the transfer of assets corresponding to 2020: 2,100

Carry out the integration and compensation of said income in the declaration for the 2023 fiscal year.

Solution:

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

1. Income and income imputations for the year 2023:

   • Job: 50,000
   • Economic activity: -5.000
   • Imputation of real estate income: 300
   • Net balance (50,000 – 5,000 + 300) = 45,300

2. Capital gains and losses for the year 2023 to be included in the general tax base:

   • Profits: 4.500
   • Losses: 9.600
   • Negative net profit and loss balance for the year 2023 (4,500 -9,600) = – 5,100

3. Offsetting the negative balance of capital gains and losses for the year 2023:

   Compensation for the negative net balance for 2023: 5.100

4. Offsetting negative items from previous years:

   Compensation of negative net balance losses 2019: 600

5. Total compensations (5,100 + 600) ⁽¹⁾ = 5,700

   The maximum amount of compensation for negative net balances of capital gains and losses for 2019 and 2023 is 25% of the positive balance of income and imputed income before such compensations. In this case 11,325 euros (25 per 100 s/45,300). Therefore, the entire outstanding amount (5,700 euros) can be offset.

6. General tax base (45,300 – 5,700) = 39,600

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

1. Capital gains and losses for the year 2023 to be included in the savings tax base:

   • Profits: 5.600
   • Losses: 1,600
   • Positive net profit and loss balance for the year 2023: (5,600 – 1,600) = 4,000

2. Offsetting the negative balance of capital gains for the year 2023:

   Negative capital returns furniture attributable to 2023⁽²⁾: 800

   Negative capital gains for the year will be offset against the positive balance of capital gains and losses for the year from the taxable savings base, with a limit of 25% of said positive balance, which amounts to 1,000 (25% s/4,000). This clears all outstanding balances.

3. Offsetting negative net balance of capital gains and losses from previous years:

   • Compensation of negative net balance of losses 2019: 700
   • Compensation of negative net balance of losses 2020: 2,100

4. Compensation of negative net balance of capital gains from 2019⁽³⁾: 200

   Negative capital gains from 2019 can be offset against the positive balance of capital gains and losses from the 2023 financial year up to a joint limit of 25% of said balance. In this case, up to 200 euros, since the compensation for the negative balance of capital gains for the year 2023 itself amounted to 800 and the limit to 1,000 euros (25 per 100 s/4,000).

5. Total compensations (700 + 2,100 + 200) = 3,000

6. Compensation to be made (up to the amount of the positive balance): (800 + 3,000) = 3,800

7. Taxable savings base (4,000 – 3,800) = 200