Eliminations pending inclusion by companies leaving a group

Article 64 of the LIS establishes that eliminations will be carried out in accordance with the criteria established in the Rules for the Formulation of Consolidated Annual Accounts, approved by Royal Decree 1159/2010, of September 17, provided that they affect individual tax bases and with the specificities provided for in this Law.

However, with effect for tax periods beginning on or after 1 January 2021, 5% of dividends distributed among companies comprising a group or of positive income obtained from the transfer of a stake in a group entity will not be subject to elimination, under the terms established in article 21.10 of the LIS.

Likewise, article 65.1 of the LIS establishes that the eliminated results will be incorporated into the tax base of the tax group when so established in the Rules for the Formulation of Consolidated Annual Accounts, approved by Royal Decree 1159/2010, of September 17 (modified by Royal Decree 1/2021, of January 12).

However, the eliminated results will be integrated into the individual tax base of the entity that generated those results and will cease to be part of the tax group as provided for in letter a) of article 74.1 of the LIS , in the tax period in which said exclusion occurs.

Filling in form 200

For these purposes, in boxes [01027] and [01028] "Eliminations pending incorporation of companies that no longer belong to a group" on page 13 of form 200, the amounts corresponding to the incorporation of the eliminated results pending incorporation into the individual tax base of the entity that generated said results and has ceased to be part of the tax group will be recorded. Such incorporation will take place in the tax period in which the exclusion occurred.