Education and Promotion Fund expenses
a) Cooperative results
In box [C4] the amounts of the cooperative results that the cooperatives allocate, with mandatory nature , to the Fund will be included. of Education and Promotion , and that are tax deductible in accordance with the provisions of articles 18.2 and 19 of Law 20/1990.
For tax purposes, the deductible amount of the endowment to the Education and Promotion Fund may not exceed in each financial year of 30 percent of its net surpluses. The excess will not be tax deductible .
Article 58.1 of Law 27/1999 establishes that, of the surpluses accounted for the determination of the cooperative result , once losses of any nature from previous years have been deducted and before the consideration of the Corporate Tax, will go to the Education and Promotion Fund , at least 5 percent.
Keep in mind:
The contributions to this fund charged to cooperative results that are not ## tax deductible must be included as accounting expense in box [C2]. Furthermore, for the part that is not tax deductible, a positive adjustment must be made to the accounting result (box [C6]), the amount of which must be included in box [C7 ].
b) Extra-cooperative results
In box [E4] the amounts of the extra-cooperative results that are will be collected. destined ##4##by the cooperatives to the Education and Promotion Fund. These amounts are not tax deductible.
Keep in mind:
The contributions to this fund charged to extra-cooperative results, are not tax deductible , so a positive adjustment must be made to the accounting result (box [ E6]) whose amount must be included in box [E7].
New:
Article 13 of Royal Decree-Law 15/2020, of April 21, on urgent complementary measures to support the economy and employment contains an extraordinary measure to temporarily make the use of the Promotion and Education Fund more flexible of the Cooperatives , allowing that during the validity of the state of alarm declared by Royal Decree 463/2020, of March 14, by which the state of alarm is declared for the management of the health crisis situation caused by COVID-19 and its possible extensions and until December 31, 2020, said Fund can be used for any activity that contributes to stopping or alleviating the effects of the health crisis derived from COVID-19 , through own actions, donations to other public or private entities or by providing liquidity to the cooperative to guarantee the continuity of its operation. Likewise, for these exclusive purposes, the provisions of articles 13.3 and 19.4 of Law 20/1990, of December 19, on the Fiscal Regime of Cooperatives, will not apply.
Article 12 of Royal Decree-Law 8/2021, of May 4, repeals, with effect from May 9, 2021, art. 13 of Royal Decree-Law 15/2020, of April 21, to extend with certain modifications in the requirements and until December 31, 2021, the temporary flexibility of the use of the Cooperative Education and Promotion Fund for the purpose of alleviate the effects of COVID-19.