Practical case

Don APG In 2023, it has obtained the following income:

• 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 to be included in the savings tax base: –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 2019: 600
• Negative net balance of capital gains and losses derived from the transfer of assets corresponding to 2019: 700
• Negative capital gains pending compensation for 2019 in the savings tax base: 500
• Negative net balance of capital gains and losses derived from the transfer of assets corresponding to 2020: 2,100

Carry out the integration and compensation of said income in the 2023 tax return.

Solution:

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

1. Yields and income allocations for fiscal 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 fiscal year 2023 to be integrated into the general tax base:

   • Profits: 4,500
   • Losses: 9,600
   • Negative net balance of profits and losses for fiscal year 2023 (4,500 -9,600) = – 5,100

3. Compensation of the negative balance of capital gains and losses for the 2023 fiscal year itself:

   Compensation of the negative net balance of 2023: 5,100

4. Compensation of negative items from previous years:

   Compensation for negative net balance losses 2019: 600

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

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

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 fiscal year 2023 to be included in the savings tax base:

   • Profits: 5,600
   • Losses: 1,600
   • Positive net balance of profits and losses for fiscal year 2023: (5,600 – 1,600) = 4,000

2. Compensation of the negative balance of movable capital returns for the year 2023 itself:

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

   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.

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

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

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

   The negative capital gains from 2019 can be offset by the positive balance of capital gains and losses for the year 2023 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 2023 itself amounted to 800 and the limit was 1,000 euros (25 per 100 s/4,000).

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

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

7. Savings tax base (4,000 – 3,800) = 200