Practical examples

In fiscal year 2021 entity "Z" generated non-tax-deductible expenses of 10,000 euros for contributions to social security systems that have generated deferred tax assets under article 11.12 of LIS , to which the right established in article 130 of the LIS applies. Subsequently, in fiscal year 2022 , these expenses become tax deductible.

Assumption 1

We assume that the amount of the turnover of entity “Z” in the 12 months prior to the start of the tax period corresponding to 2022 is €15 million.

The previous positive tax base of the entity is 8,000 euros.

In this case, in the year 2021 the entity had to enter in box [00415] of increases the amount of 10,000 euros corresponding to the expense for provisions for social security systems that was not tax deductible in said period.

In fiscal year 2022 , this expense becomes tax deductible. However, the entity must take into account the limit established in article 11.12 of the LIS, which for entities whose turnover in the 12 months prior to the beginning of the tax period is less than 20 million euros, is 70 percent. Therefore, the entity will enter in box [00211] of reductions the amount of 10,000 euros corresponding to the expense for contributions to social security systems that is deductible in this year. Likewise, the entity must enter in the increase box [00416] the amount of 4,400 (10,000 - 5,600) euros that by application of the limit established for the year 2022 in article 11.12 of the LIS, are not deductible in said year.

Assumption 2

We assume that the amount of the turnover of entity “Z” in the 12 months prior to the start of the tax period corresponding to 2022 is €45 million.

The previous positive tax base of the entity is 8,000 euros.

In this case, in the year 2021 the entity had to enter in box [00415] of increases the amount of 10,000 euros corresponding to the expense for provisions for social security systems that was not tax deductible in said period.

In fiscal year 2022 , this expense becomes tax deductible. However, the entity must take into account the limit established in article 11.12 of the LIS that for entities whose turnover in the 12 months prior to the beginning of the tax period is equal to or greater than 20 million euros, but less than 60 million euros is 50 percent ( DA 15 of the LIS). Therefore, the entity will enter in box [00211] of reductions the amount of 10,000 euros corresponding to the expense for contributions to social security systems that is deductible in this year. Likewise, the entity must enter in the increase box [00416] the amount of 6,000 (10,000 - 4,000) euros that by application of the limit established for the year 2022 in article 11.12 and in the fifteenth Additional Provision of the LIS, are not deductible in said exercise.