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Practical Manual of Companies 2022.

Non-deductible expenses due to being considered payment from shareholders’ equity

article 15 a) of the LIS establishes that expenses that represent remuneration of own funds will not be tax deductible.

For these purposes, the remuneration of own funds will be considered to be that corresponding to representative values of the capital or own funds of entities, regardless of their accounting consideration.

Likewise, the remuneration corresponding to the participatory loans granted by entities that are part of the same group of companies will be considered as remuneration of own funds according to the criteria established in article 42 of the Commercial Code. regardless of residence and the obligation to prepare consolidated annual accounts.


Regarding participatory loans, the seventeenth transitional provision of the LIS establishes that the provisions of article 15 a) of the LIS will not apply to participatory loans granted prior to June 20, 2014.

Filling in form 200

In application of the provisions of this provision, the taxpayer must make a positive adjustment to the accounting result in the tax period in which these expenses considered non-deductible are recorded in box [01002] «Expenses not deductible because they are considered remuneration from own funds (art. 15 a) LIS)» on page 12 of form 200.