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Practical Manual of Companies 2022.

General considerations

For tax periods beginning on or after January 1, 2015, taxpayers may offset the negative tax bases with the positive income of the following tax periods without time limit (therefore, the maximum period of 18 years established by the previous regulations governing Corporate Tax is eliminated).

For these purposes, the twenty-first transitional provision of the LIS establishes that the negative tax bases pending compensation at the beginning of the first tax period that had begun As of January 1, 2015, they can be offset in subsequent tax periods.

Note:

According to the interpretative criteria established by the Supreme Court in Sentences numbered 1404/2021, of November 30 and 1425/2021, of December 2, taxpayers have the right to offset negative tax bases with the positive income of the following tax periods, even when the self-assessment is presented out of time , without the decision to compensate them or not, constituting a tax option of the regulated in article 119.3 of the LGT .