Education and Promotion Fund expenses
Note:
Royal Decree-Law 8/2021, of May 4, extends until December 31, 2021, the extraordinary measure that temporarily makes the use of the Cooperative Promotion and Education Fund more flexible, allowing said Fund to be allocated to any activity that helps to stop or alleviate the effects of the health crisis derived from COVID-19 , either through own shares or through donations to other entities, public or private, or to provide liquidity to the cooperative to guarantee the continuity of its operation. Furthermore, if the Promotion and Education Fund is used for the purposes set forth in the previous paragraph, the provisions of articles 13.3 and 19.4 of Law 20/1990 will not apply, that is, the status of fiscally protected cooperative will not be lost and the amounts applied to said Fund will not be considered income for the cooperative .
a) Cooperative results
In box [C4] the amounts of cooperative results that the cooperatives allocate, on a mandatory basis to the Education and Promotion Fund, and that are tax deductible in accordance with the provisions of articles 18.2 and 19 of Law 20/1990, will be included.
For tax purposes, the deductible amount of the allocation to the Education and Promotion Fund may not exceed in each financial year percent of the net surplus thereof. The excess will not be tax deductible .
Article 58.1 of Law 27/1999 establishes that, of the surpluses accounted for in determining the cooperative result , once losses of any kind from previous years have been deducted and before consideration of the Corporate Tax, at least 5 percent will be allocated to the Education and Promotion Fund.
Keep in mind:
The allocations to this fund from cooperative results that are not -deductible must be included as accounting expense in box [C2]. In addition, 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 allocated by the cooperatives to the Education and Promotion Fund will be recorded. These amounts are not tax deductible.
Keep in mind:
The provisions to this fund charged to non-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].