Other non-tax-deductible provisions not affected by article 11.12 LIS

1. Provisions of articles 14.2, 14.3, 14.4 and 14.5 of the LIS

article 14.2 of the LIS establishes that related to long-term employee remuneration will not be deductible through defined contribution or defined benefit systems.

However, contributions for the coverage of contingencies similar to those of the pension plans and the contributions made by the planned promoter companies in Directive 2003/41/ EC of the European Parliament and of the Council, of June 3, 2003, provided that they meet the requirements provided for in article 14.2 of the LIS.

Likewise, article 14.3 of the LIS establishes the non-deductibility of other expenses associated with provisions :

Those derived from implicit or tacit obligations.
Those concerning the costs of compliance with contracts that exceed the economic benefits expected to be received from them.
Those derived from restructuring, except if they refer to legal or contractual obligations and not merely tacit ones.
Those related to the risk of sales returns.
Personnel payments that correspond to payments based on equity instruments, used as a remuneration formula for employees, and are paid in cash.

Finally, article 14.4 of the LIS establishes the deductibility of the expenses corresponding to environmental actions , provided that they correspond to a plan formulated by the taxpayer and accepted by the Tax Administration.

However, according to the provisions of article 14.5 of the LIS , these expenses are not deductible, either because this is what the regulations establish. or because they have not met the requirements of the standard, they will be deductible in the tax period in which the provision is applied or the expense is used for its purpose.

Filling in form 200

The difference between the accounting criteria and the tax criteria on the deductibility of the expenses mentioned in this section gives rise to the following adjustments in boxes [00337] and [00338] «Other non-deductible provisions fiscally (art. 14 LIS) not affected by art. 11.12 LIS» on page 12 of model 200:

In the tax period in which the non-tax-deductible expenses are recorded, the taxpayer must include their amount in the box [00337] of increases to the result of the profit and loss account.
And in the tax period in which the provision is applied or the expense is used for its purpose , the taxpayer must include in the box [00338] of reductions, the amount corresponding to said expenses.

2. Provisions of article 14.7 of the LIS

article 14.7 of the LIS establishes that expenses related to the technical provisions made by insurance entities will be deductible up to the amount of the minimum amounts established by the applicable standards. With this same limit, the amount of the provision in the year to the stabilization reserve will be deductible in the determination of the tax base, even when it has not been integrated into the loss account and Profits. Any application of said reserve will be integrated into the tax base of the tax period in which it occurs.

Filling in form 200

In application of this provision, the amount of the expenses related to the technical provisions by the insurance entities, as well as the amount the provision in the exercise to the stabilization reserve, which exceed the limit of the minimum amounts established by the applicable regulations. Likewise, in the tax period in which insurance entities apply said reserve, they must enter the amount in box [00338] .

In the event that the amount of the allocation in the year to the stabilization reserve has not been integrated into the profit and loss account, it will be deductible with the aforementioned limit, so it must be entered in box [ 00338] the amount of the endowment up to the limit. In the tax period in which the application of said reserve occurs, that amount must be entered in box [00337].

Remember:

In boxes [00335] and [00336] «Expenses and provisions for pensions not affected by art. 11.12 LIS (arts. 14.1, 14.6 and 14.8 LIS)» , only the amounts related to said expenses that are not affected by the limit established in the article should be entered 11.12 of the LIS.

If they were affected by said limit , their amount would be entered in boxes [00415] and [00211] «Losses due to deterioration of art. 13.1 LIS and provisions and expenses (arts. 14.1 and 14.2 LIS) to which art. 11.12 and DT 33.1 LIS» .

3. Provisions of article 14.9 of the LIS

article 14.9 of the LIS establishes that the expenses inherent to the risks derived from repair and revision guarantees will be deductible up to the amount necessary to determine a balance of the provision not greater than the result of applying to sales with outstanding guarantees at the conclusion of the tax period the percentage determined by the proportion in which the expenses incurred to meet the guarantees existing in the tax period and in the previous two in relation to sales with guarantees made in said tax periods.

The provisions of the previous paragraph will also apply to the provisions for the coverage of accessory expenses for sales returns.

Filling in form 200

Therefore, taxpayers must make a positive adjustment in box box [00337] for the amount of those expenses that are not deductible because they exceed the amount established in said provision.

Remember:

In boxes [00337] and [00338] «Other non-tax deductible provisions (art. 14 LIS) not affected by art. 11.12 LIS» , only the amounts related to said expenses that are not affected by the limit established in article 11.12 of the LIS must be entered.