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Practical Manual of Companies 2021.

Mining tax system

1. Mining and hydrocarbons: Exhaustion factor

Filling in form 200

Taxpayers who carry out activities for which they can benefit from the mining tax regime or the tax regime for the research and exploitation of hydrocarbons, in the terms established in Chapters VIII and IX of Title VII of the LIS , they will complete in boxes [00381] and [00382] «Mining and hydrocarbons: exhaustion factor (arts. 91 and 95 LIS)» on page 13 of model 200, the following adjustments related to the exhaustion factor:

  • The amount of the amounts allocated as box [00382] as a decrease in the result of the profit and loss account by those taxpayers who carry out activities for which they can benefit from the mining tax regime or the tax regime for the research and exploitation of hydrocarbons, in accordance with the provisions of articles 91 and 95 of the LIS .

  • The amounts that at the time reduced the tax base due to depletion factor and that due to ## non-compliance with the requirements will be entered in box [00381] as an increase in the accounting result. in accordance with the provisions of articles 94 and 97 of the LIS , must be integrated into the tax base in the fiscal year being declared.

    Keep in mind:

    In the case of cooperative societies , the content of box must be transferred with a positive sign [00381] to boxes [C11 ] and/or [E11] «Exhaustion factor» that appear on page 22 of model 200, depending on the cooperative or extra-cooperative nature of the correction to the accounting result. With the same criteria, the content of box box [00382] must be transferred to the aforementioned boxes, in this case with a negative sign, as it is a decrease in the result of the profit and loss account. .

2. Hydrocarbons: amortization of intangible investments and research expenses

Regarding the tax regime for the research and exploitation of hydrocarbons regulated in Chapter IX of Title VII of the LIS, in accordance with the provisions of article 99.1 of the LIS , intangible assets and Expenses of a research nature carried out on current, expired or extinguished permits and concessions will be considered as intangible assets from the moment of their realization and may be amortized with a maximum annual fee of 50 percent , and there will be no maximum amortization period for them.

Filling in form 200

In application of the provisions of article 99.1 of the LIS, entities covered by said special regime must make the following adjustments in boxes [00383] and [00384] «Hydrocarbons: amortization of intangible investments and research expenses (art. 99 LIS)» on page 13 of model 200:

  • In box [00384] of reductions, they must enter the excess of tax amortization that, over the accounting amortization, they have applied in the tax period object of declaration in relation to the intangible investments and research expenses referred to in the previous paragraph.

  • In box [00383] of increases, they must enter the amount of amortization of said investments and expenses, recorded in the tax period object of declaration whose tax deductibility has been applied in previous tax periods and in which the corresponding correction or negative adjustment has been made to the result of the profit and loss account.