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Practical Handbook for Companies 2021

Negative tax bases generated within the tax group by the transferred entity, which have been offset

The article 62.2 of the LIS establishes that the amount of negative income deriving from the transfer of the shareholding of an entity of the tax group that ceases to form part of the same shall be reduced by the part of it that corresponds to negative taxable income generated within the tax group by the transferred entity and which has been compensated in the same.

Thus, according to the provisions of this article, this negative income insofar as it corresponds to negative tax bases generated by the entity transferred during the time it belonged to the tax group and which have been offset by the tax group itself, cannot be reincorporated into the tax group, so that the negative income will be reduced by the amount of these negative tax bases.

Filling in form 200

In application of the provisions of article 62.2 of the LIS, the transferring entity must make the following adjustments in the boxes [01275] and [01276] "Tax losses generated within the tax group by the transferred entity and which have been offset (art. 62.2 LIS)" on page 13 of form 200:

  • In the box [01275] of increases, enter the amount of the negative tax bases compensated in the group that correspond to this negative income.

  • Likewise, in the event that as a result of the transfer of the holding in that entity a negative income is generated that corresponds to negative tax bases of that entity not offset within the tax group, in the box [01275] of increases, the amount of the non-deductible negative income in the tax base of the transferring entity must be entered by application of the provisions of article 21.6 of the LIS.