B) Calculation of the payment by instalments: article 40.3 of the LIS

Box 04. Accounting result (after IS )

The result of the profit and loss account after Corporate Tax will be entered in box [04].

Boxes 05 and 06. Correction for Corporate Tax

In box [05] the amount corresponding to the increases in the result of the profit and loss account due to Income Tax will be entered and in box [06] the corresponding amount to the decreases.

Box 37. Reversal of 30 percent of the amount of accounting amortization expenses (excluding small companies)

The amount corresponding to the decreases due to the reversal of the adjustments that, during the tax periods beginning in 2013 and 2014, were made by entities that are not considered small in size and that, as a consequence of the provisions of Article 7 of Law 16/2012, of December 27, had to record an increase in the result of the profit and loss account.

In box [07] the amount corresponding to the total increases to the result of the profit and loss account except the correction for corporate tax will be entered, and in the box in box [08] the amount corresponding to the decreases, except the correction corresponding to the corporate tax and the reversal of the adjustment due to the limitation of tax deductible amortizations carried out in previous years.

Boxes 38 and 39. Total corrections to accounting results

The total increases and decreases, respectively, due to the previous corrections, in boxes [05], [37] and [07], and [06] and [08] will be recorded in these boxes.

They are calculated amounts:

box [38] = box [05] + box [07]
box [39] = box [06] + box [37] + box [08]

Box 13. Previous tax base

It is an amount calculated through the following formula:

box [13] = box [04] + box [38] - box [39]

Box 44. Remaining capitalization reserve not applied due to insufficient base

Only taxpayers whose tax rate corresponds to that provided for in sections 1 or 6 of article 29 of the LIS will enter this box, when the requirements provided for in article 25.1 of the LIS, and provided that it has not been possible to reduce the entire 10 percent of the increase in own funds in the Corporate Tax declaration (form 200), being able to apply in this way, the remaining pending due to insufficient quota of amounts corresponding to previous years.

In this sense, the reduction in the tax base for a given tax period relative to the capitalization reserve corresponds to 10 percent of the increase in own funds, for whose determination it is essential that the year-end has occurred. This means that the application of the capitalization reserve cannot be taken into account in determining the tax base applicable to installment payments, given that the tax period will not have concluded and the closing of the year will not have taken place, it will not have been possible determine the possible increase in own funds that would determine the reduction of the tax base. This can only be determined in the declaration of the corresponding tax period which, in accordance with article 124.1 of the LIS, will be presented within the period of 25 calendar days following 6 months after the conclusion of the tax period.

Consequently, in installment payments a reduction for this concept (capitalization reserve) may not appear in the part of the tax base from which such installment payments are determined. On the contrary, a reduction for the capitalization reserve may appear, but corresponding to the amounts pending application of the reduction from previous years, which is what will appear in this box, as the remainder of the capitalization reserve not applied by base insufficiency.

Box 14. Offsetting negative tax bases from previous periods

The amount of negative tax bases from previous periods that are subject to compensation for the purposes of this declaration will be entered. It takes the value zero if box [13] – box [44] is negative or zero.

The compensation of negative tax bases from previous periods is limited to 70 percent of the tax base prior to the application of the capitalization reserve established in article 25 of the LIS and its compensation. However, and as established in the fifteenth Additional Provision of the LIS, for taxpayers whose net turnover is at least 20 million euros during the 12 months prior to the date on which the tax period begins , the limits established in article 11.12, in the first paragraph of article 26.1, in letter e) of article 62.1 and in letters d) and e) of article 67, of the LIS will be replaced by the following:

50 percent, when in the aforementioned 12 months the net amount of the turnover is at least 20 million euros but less than 60 million euros.
25 percent, when in the aforementioned 12 months the net amount of the turnover is at least 60 million euros.

In any case, negative tax bases can be offset during the tax period up to an amount of 1 million euros.

The limitation on the compensation of negative tax bases indicated above will not apply to the amount of income corresponding to write-offs and waits as a result of an agreement with the taxpayer's creditors. The negative tax bases to be offset with said income will not be taken into consideration with respect to the 1-million-euro value referred to above.

Boxes 45 and 46. Leveling reserve (art. 105 LIS) (only entities of art. 101 LIS)

The equalization reserve is a tax incentive applicable to small entities (those whose turnover in the immediately preceding tax period is less than 10 million euros) that apply the tax rate provided for in the first paragraph. of article 29.1 of the LIS. In this sense, the amount corresponding to the equalization reserve is not included in the corrections to the accounting result.

After the corrections to the accounting result, a previous tax base is obtained, to which, if applicable, the remaining capitalization reserve not applied due to insufficient base would be applied and subsequently the compensation of negative tax bases would be carried out, and the the tax base, on which, if applicable, the equalization reserve would be applied, which must be taken into account for the purposes of installment payments, as indicated in section 4 of article 105 of the LIS and which may reduce or add that tax base. Thus, as long as the requirements set forth in article 105 of the LIS are met, the positive tax base may be reduced (as long as it does not exceed the amount of 1 million euros) by up to 10 percent of its amount. If the tax base is reduced, a reserve must be set aside against the positive results of the year for the amount of said reduction. Thus, the reduction amount must be included in box [46].

These amounts will be added to the tax base of the tax periods that end in the 5 years immediately following the end of the tax period in which said reduction is made, if the taxpayer has a negative tax base and up to the amount thereof. . The addition amount must be included in box [45].

Finally, it must be taken into account that cooperative societies that, if applicable, meet the requirements to apply this tax incentive will not complete these boxes. It will be applied after applying the tax rate, and the amount must be converted into a fee, depending on the corresponding tax type.

Basis of installment payment

The base of the installment payment will constitute the part of the taxable base of the period of the first 3, 9 or 11 months of each calendar year determined according to the rules provided for in this Law. Taxpayers whose tax period does not coincide with the calendar year will make the payment in installments on the part of the tax base corresponding to the days elapsed from the beginning of the tax period until the day before the beginning of each of the periods of entry of the installment payment. .