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Practical Handbook for Companies 2021

Payment for converting deferred tax assets into credit payable to the Tax Agency

Regulation:Article 130 LIS

Deferred tax assets corresponding to provisions for impairment of credits or other assets deriving from the possible insolvencies of debtors not related to the taxpayer, not owed to public law entities and whose deductibility does not arise from the application of the provisions of article 13.1.a) of this Law, as well as those deriving from the application of paragraphs 1 and 2 of article 14 of this Law, corresponding to provisions or contributions to social welfare systems and, where applicable, early retirement, may be converted into a claim against the tax authorities, for an amount equal to the positive net tax liability corresponding to the tax period in which they are generated.

However, when the amount of the positive net tax liability of a given tax period is higher than the amount of the deferred tax assets generated in the same period referred to in the previous paragraph, the entity may have the right provided for in this article, for an amount equal to the excess, with respect to those assets of the same nature generated in previous tax periods or in the 2 subsequent tax periods.

For the conversion referred to above to take place, any of the following circumstances must be present :

  1. That the taxpayer recorded accounting losses in their annual accounts, audited and approved by the corresponding authorised body.

  2. That the entity is subject to settlement or legally declared insolvency.

The conversion of deferred tax assets into a receivable from the tax authorities will take place at the time of submission of the self-assessment of corporate income tax for the tax period in which the circumstances giving rise to such conversion have arisen.

Entities that convert the deferred tax assets referred to in the previous paragraph into a receivable from the tax authorities may choose to request payment from the tax authorities following the procedure set out in Article 69 of RIS.

Filling in form 200

If the entity chooses to request the crediting of the receivable from the tax authorities, this amount should be entered in box [00150] "Credit for conversion of deferred tax assets into receivable from the tax authorities (art. 130 LIS)" on page 14 bis of form 200:

  • In the event that the entity is taxed exclusively by the State Administration, the amount should be entered in box [01020] "Credit for conversion of deferred tax assets into receivable from the tax authorities (art. 130 LIS) (State)". In this case, the amount in box [01020] shall be the same as the amount in box [00150].

  • If the entity pays taxes to one or more Provincial Councils of the Autonomous Community of the Basque Country and/or the Autonomous Community of Navarre, it should enter the amount in box [01043] "Credit for conversion of deferred tax assets into receivable from the tax authorities (art. 130 LIS) (D. Forales/Navarra)". This box is to be completed on page 26 of form 200.