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Practical Handbook for Companies 2021

Application of the limit set out in Article 11.12 LIS to the impairment losses under Article 13.1 LIS and to the provisions and expenditure under Article 14.1 and 14.2 LIS

Regulation:Seventh and Fifteenth Additional Provisions Law 20/1990

In the case of cooperative societies, the seventh additional provision of Law 20/1990 establishes that the limit of 70 percent referred to in Article 11.12 of the LIS in the integration of the allocations referred to in that provision will refer to the positive total quota without taking into account its integration or the compensation of negative quotas.

In relation to the 70 per cent limit established in the first paragraph of article 11.12 of the LIS, a distinction must be made between:

  • 20 million during the 12 months preceding the start of the tax period, the limit is 70 per cent.

  • 20 million euros during the 12 months prior to the start of the tax period, the fifteenth additional provision of Law 20/1990 establishes that the limit of 70 percent Article 11.12 of the LIS, will be replaced by the following:

    • 50 per cent, if the net turnover in the 12 months in question is at least EUR 20 million but less than EUR 60 million.

    • 25 per cent, if the net turnover in the 12 months in question is at least EUR 60 million.

Filling in form 200

In application of the provisions of the first paragraph of article 11.12 of the LIS, in the tax period in which these allocations are fiscally deductible, in addition to entering their amount in box [00480] "Impairment losses under art. 13.1 LIS and provisions and expenses (art. 14.1 and 14.2 LIS) referred to in art. 11.12 LIS (converted into tax liability)" on page 14 of form 200, cooperative societies must make the following adjustments in the boxes [00408] and [01037] "Application of the limit of art. 11.12 LIS to the impairment losses under art. 13.1 LIS and provisions and expenses (art. 14.1 and 14.2 LIS)" on page 14 of form 200:

  • In the box [00408] you should enter the amount of those allocations whose deductibility is not applicable in that period because exceeds the limit provided for in that article.In other words, box [00408] must show the difference between the amount entered in box [00480] and the amount corresponding to the limit provided for in the first paragraph of Article 11.12 of the LIS.

  • With regard to the allocations that not have been integrated in the taxable base in the tax period that were deductible because they exceeded the limit established in the first paragraph of article 11.12 of the LIS, they must be integrated in the immediately following tax periods in the box [01037], also taking into account the same limit.For this purpose, the second paragraph of article 11.12 of the LIS establishes that the allocations corresponding to the oldest tax periods shall be included first.