Deductible withholdings corresponding to subsidized income

Regulations: Sixth transitional provision LIS

The benefits from the Capital Income Tax recognized to the concessionary companies of toll highways and the other entities referred to in the sixth transitional provision of the LIS , continue to be applied today in accordance with the rules of the Capital Income Tax.

Regarding the LIS see Law 27/2014, of November 27, on Corporate Tax.

Since the applicable tax rate on interest in the Capital Income Tax was 24% and the bonus granted amounted to 95%, the taxpayer receiving this type of income only bears an effective withholding of 1.2% (24 x 5%). However, the total amount of the bonus, which amounts to 22.8% (24 x 95%), is also deductible by applying the tax benefit that remains temporarily applicable. However, this last amount operates as a deduction from the quota without generating the right to a refund, since this right derives from the amounts actually withheld.

Consequently, in box [0591] of the declaration, the amount of the withholdings not actually made which, nevertheless, are considered tax deductible from the quota will be recorded, recording the withholdings actually borne in the box corresponding to them.