Negative tax bases excluded from offsetting
Negative tax bases may not be offset when the following circumstances occur:
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The majority of the share capital or the rights to participate in the results of the entity that have been acquired by a person or entity or by a group of people or related entities , after the conclusion of the tax period to which the negative tax base corresponds.
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The persons or entities referred to in the previous paragraph would have had a participation of less than 25 percent at the time of the conclusion of the tax period to which the negative tax base corresponds.
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The acquired company finds itself in one of the following circumstances:
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Has not carried out any economic activity within the 3 months prior to the acquisition.
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Has carried out a different or additional economic activity to that carried out previously in the 2 subsequent years, which will determine, in itself, a net amount of the turnover in those subsequent years greater than the 50 percent of the average amount of the entity's turnover corresponding to the previous 2 years. A different or additional activity is deemed one that is assigned a different group to the previous one, according to the National Classification of Economic Activities.
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It is a patrimonial entity under the terms established in article 5.2 of the LIS .
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The entity has been removed from in the index of entities for not submitting the Corporate Tax declaration for 3 consecutive tax periods (article 119.1 b) of the LIS).
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