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Practical Manual for Companies 2023.

Positive permanent adjustments

In the event that the taxpayer has to make a correction to the result of the Profit and Loss Account that represents a permanent positive correction to the accounting result, when completing the corresponding box on pages 12 and 13, the breakdown table "Details of corrections to the result of the profit and loss account (excluding the correction for Corporate Tax)" on page 20 bis of form 200 will be displayed simultaneously in the Sociedades WEB form. This information, once completed, will be grouped in the detail table contained on pages 26 bis to 26 sexies of form 200.

In this case, the box corresponding to " Permanent correction increases" in the section of the table on page 20 bis of form 200 dedicated to "Corrections for the fiscal year" will be enabled for completion. The column that contains the outstanding balances at the beginning and end of the year cannot be completed since, as it is a permanent extra-accounting adjustment, there is no outstanding balance as the adjustment cannot be reversed in subsequent years.

Example:

Entity "A", whose tax period coincides with the calendar year, submitted and paid Form 202 corresponding to the first installment payment of Corporate Tax for 2023 late (1 month late) without prior request from the Tax Authority, the amount paid was 10,000 euros. On June 10, 2023, this entity received settlement of the surcharge for late declaration without prior request regulated in article 27 of the LGT , for the amount of 200 euros (2 percent, 1 percent plus 1 percent additional for one month's delay), although on July 13, 2023, it proceeded to pay the amount of 150 euros by application of the 25 percent reduction contained in article 27.5 of the LGT, as indicated in the surcharge settlement itself, because it was entitled to it by entering the remaining amount of the surcharge within the period established in article 62.2 LGT (until July 20, 2023) and having already entered the debt derived from the self-assessment at the time of its submission.

In this example, entity "A" has a non-deductible expense amounting to 150 euros due to article 15 c) of the LIS which establishes that fines and criminal and administrative sanctions, surcharges for the executive period and the surcharge for late declaration without prior request will not be tax deductible. This is a permanent correction because this expense will never be deductible.

This entity must make in model 200 for the 2023 period, a positive adjustment to the accounting result in box [01815] "Fines, sanctions and others (article 15 c) LIS)" on page 12 of model 200 for an amount of 150 euros.

Financial year Accountingly Fiscally Fiscal correction Form 200
2023 - 150 0 + 150 Box [01815]

In the WEB Companies form, when box [01815] on page 12 of form 200 is filled in, the box on page 20 bis of form 200 will be displayed. In this table, the box corresponding to "Permanent correction increases" in the section of the table dedicated to "Fiscal year corrections" will be enabled for completion. The form will place the information completed in the box on page 20 bis in the box [02771] on page 26 ter of form 200.

Detail of the corrections to the profit and loss account result (excluding the correction for the IS ) (page 20 bis of form 200)

Total --- --- 150 --- --- ---
Exercise 2023
tax corrections
Outstanding balance at
beginning of fiscal year
Exercise corrections Outstanding balance end
of fiscal year
Future increases Future decreases Increases Decreases Future increases Future decreases
Permanent corrections --- --- 150 --- --- ---
Temporary corrections with origin
in the fiscal year
--- --- --- --- --- ---
Temporary corrections with origin
in previous years
--- ---

Table of details of corrections to the profit and loss account result (excluding the correction for IS) (page 26 bis to 26 sexies of form 200)

Detail of settings Type Outstanding balance
at the beginning of the fiscal year
Exercise corrections Outstanding balance
at the end of the fiscal year
Permanent Temporary
(origin in the fiscal year)
Temporary
(origin in previous years)
Fines, sanctions and others (art. 15 c) LIS) INCREASE --- [02771] 150 --- --- ---