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Practical Manual of Companies 2020.

Transitional scheme

1. Assumption of DT 16.1 of LIS

This provision establishes that the reversal of losses due to deterioration of values representing participation in the capital or equity of entities that were tax deductible in tax periods that began previously as of January 1, 2013 in accordance with the provisions of article 12.3 of RDLeg. 4/2004, regardless of its accounting allocation in the profit and loss account, will be integrated into the tax base of the period in which the value of the own funds at the end of the year exceeds that at the beginning, in proportion to its participation, contributions or returns of contributions made in it must be taken into account, with the limit of said excess .

Filling in form 200

In application of the provisions of this section 1, the taxpayer must make the following adjustments in boxes [01518] and [00394] «Adjustments for losses due to impairment of securities representing shares in the capital or own funds (DT 16 1 and 2 LIS)» on page 12 of model 200:

If the recovery of the value occurs, the entity must make a positive adjustment in the accounting result in the tax period in which the reversal of the aforementioned difference occurs, recording said amount in the box [01518] .

The entity must proceed in the same way with respect to the integration into the tax base of the aforementioned impairment losses, for the amount of dividends or participation in profits received from the investee entities, except that said distribution does not have the status of accounting income. .

Note:

The corrections established in this section cannot be made with respect to those losses due to impairment of the value of the participation that are determined by the distribution of dividends or participation in profits and that have not given rise to the application of the deduction for internal double taxation or that the aforementioned losses have not been tax deductible within the scope of the deduction for international double taxation.

2. Assumption of DT 16.2 of the LIS

This provision establishes that the reversal of losses due to deterioration of the values representing the participation in the capital or equity of entities that are listed on a regulated market to which they are not Article 12.3 of the RDLeg has been applicable. 4/2004, in tax periods beginning before January 1, 2013, it will be integrated into the corporate tax base of the tax period in which the recovery of its value in the accounting field occurs .

Filling in form 200

Therefore, if the value of these participations is recovered in the accounting field in tax periods beginning on or after January 1, 2015 , the entity must make a positive adjustment, recording in box [01518] the difference between the accounting reversal and the tax reversal.

3. Assumption of DT 16.3 of the LIS

For periods beginning on or after January 1, 2016 some special rules applicable to the reversal of losses due to impairment of securities representing participation in the capital or equity of entities, which were tax deductible in tax periods beginning prior to 1 January 2013.

For these purposes, said reversion will be integrated, at least, in equal parts into the tax base corresponding to each of the five first tax periods beginning on January 1, 2016 .

In cases where the reversal of a higher amount occurs by application of the provisions of sections 1 and 2 of the sixteenth transitional provision of the LIS, the remaining balance by application of the provisions of section 3 of said provision, At least will be integrated in equal parts between the remaining tax periods.

However, in the event that the transfer of values representing the participation in the capital or own funds of entities occurs during the aforementioned tax periods, the transfers will be integrated into the tax base of the tax period in which it occurs. amounts pending reversal, with the limit of the positive income derived from that transmission .

Filling in form 200

Therefore, in application of the provisions of this section 3, the taxpayer must make the following adjustments in boxes [00333] and [00334] "Adjustments for losses due to impairment of securities representing shares in the capital or own funds (DT 16 3 LIS)» on page 12 of model 200:

  • During the first five tax periods that begin on or after January 1, 2016, the entity must include in box [00333] increases , the tax correction calculated according to the special rules established in the aforementioned section 3.

  • In the case of disposal of the participation , the adjustment to be declared in boxes [00333] and [00334] will be the difference between the reversion accounting as a greater result in the disposal of the participation, and the tax reversal.