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Practical Manual for Companies 2022.

General considerations

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

For these purposes, the twenty transitional provision of the establishes that negative tax bases pending compensation at the beginning of the first tax period that began on or after January 1 2015, may be compensated in the following tax periods.

Note:

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