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Practical Manual of Companies 2021.

Calculation of individual and group taxable bases

In line with what is established in the previous section, it is worth reiterating that in the case of entities with branches that pay taxes in accordance with the ZEC regime, the part of the tax base of the entity that forms part of a tax group attributable to the branch will not be included in the individual tax base of the aforementioned entity for the purposes of determining the tax base of the tax group.

In general, in accordance with the provisions of article 62 a) of the LIS , the requirements or qualifications established both in the accounting regulations for determining the accounting result, and in this Law For the application of any type of adjustments to it, in the terms established in article 10.3 of this Law, they will refer to the tax group.

So, first of all, the accounting result must be corrected in everything in which, because the entity is in a tax group, the accounting requirements or qualifications must vary. This change is reflected in the new item "Corrections to the accounting result when considering the accounting requirements or qualifications referred to the tax group (art. 62.1 a) LIS)" that appears on page 12 of the model, box [01230] for increases and box [01231] for decreases. An example of the adjustments that should be recorded in these boxes would be those derived from the sales of shares of the dominant entity of the group.

On the other hand, the requirements or qualifications established by the Corporate Tax Law to be applied to the accounting result will refer to the tax group. This implies that all the adjustments to the accounting result included on pages 12 and 13 of model 200 under the name "Detail of the corrections to the result of the profit and loss account (excluding the correction for IS)", must follow criteria of group.

Finally, article 63 of the LIS establishes a series of special rules for determining the individual tax base of the entities that are part of the group:

  1. The limit established in article 16 of the LIS in relation to the deductibility of financial expenses will refer to the tax group. That is, boxes [00363] and [00364] on page 12 will be determined by the limit that the group must apply in relation to that entity.

  2. The capitalization reserve referred to in article 25 of the LIS will not be included in the individual tax bases. That is, for the determination of the individual tax base that is transferred to model 220, box [01032] on page 13 of model 200 will not be considered.

  3. The provisions referred to in article 11.12 of the LIS will not be included in the individual tax bases.

    For these purposes, the items "Losses due to deterioration of art. 13.1 LIS and provisions and expenses (art. 14.1 and 14.2 LIS referred to in art. 11.12 LIS)” and “Application of the limit of art. 11.12 LIS to losses due to deterioration of art. 13.1 LIS and provisions and expenses (art. 14.1 and 14.2 LIS)». That is, boxes [00415], [00211], [00416] and [00543] on page 12 of form 200 must not be completed.

  4. The compensation of negative tax bases that would have corresponded to the entity under the individual regime, which is included in box [00547] on page 13 of form 200, will not be included in the individual tax bases.

  5. The leveling reserve referred to in article 105 of the LIS will not be included in the individual tax bases. That is, the amount entered in boxes [01033] and [01034] on page 13 of form 200 will not be taken into account.

In short, due to the variations introduced by the LIS, it has been necessary to determine a specific individual tax base for entities that pay taxes under the tax consolidation regime, specifically box [01029] on page 13 of form 200. In this way, the tax base to be transferred will be that of box [01029] and not that of box [00550].