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Practical Manual of 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 entails a permanent positive correction to the accounting result, when completing the corresponding box on pages 12 and 13, it will be displayed simultaneously on the form Companies WEB the breakdown table "Detail of the corrections to the result of the profit and loss account (excluding the correction for Corporate Tax)" on page 20 bis of model 200. This information, once completed, will be grouped in the detail table contained on pages 26 bis to 26 exies of model 200.

In this case, only will be enabled for completion in the box corresponding to « Increases in permanent corrections» in the part of the table on page 20 bis of model 200 dedicated to “Corrections of the exercise”. The column that includes the outstanding balances at the beginning and end of the year cannot be completed since this is a permanent extra-accounting adjustment, there is no outstanding balance since the adjustment cannot be reversal object in subsequent exercises.

Example:

Entity "A" whose tax period coincides with the calendar year, presented and entered form 202 corresponding to the first installment payment of the 2023 Corporate Tax after the deadline (1 month later) without prior request from the Tax Administration, the amount entered amounted to 10,000 euros. On June 10, 2023, this entity received settlement of the surcharge for late declaration without prior requirement regulated in article 27 of the LGT , in the amount of 200 euros (2 percent, 1 percent plus an additional 1 percent for a delay of one month), although, on July 13, 2023, it proceeded to pay the amount of 150 euros for application of the 25 percent reduction contained in article 27.5 of the LGT, as was indicated in the settlement of the surcharge itself, for having the right to it by paying the remaining amount of the surcharge within the period established in article 62.2 LGT (until July 20, 2023) and having already paid the debt derived from the self-assessment in the moment of its presentation.

In this example, entity "A" has a non-deductible expense in the amount of 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 can at no time be deductible.

This entity must make in form 200 for the period 2023, 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 the amount of 150 euros.

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

In the WEB Companies form, when box [01815] on page 12 of form 200 is to be completed, the table on page 20 bis of form 200 will be displayed. In this table, the box corresponding to "Increases in permanent corrections" of the part of the table dedicated to "Corrections of the exercise". The form will place the completed information in the box on page 20 and in box [02771] on page 26 ter of form 200.

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

Total --- --- 150 --- --- ---
Fiscal year 2023
tax corrections
Outstanding balance at
beginning of year
Exercise corrections Outstanding balance ending
of fiscal year
Future increases Future declines Increases Decreases Future increases Future declines
Permanent fixes --- --- 150 --- --- ---
Temporary corrections with origin
in the year
--- --- --- --- --- ---
Temporary corrections originating
in previous years
--- ---

Detail table of the corrections to the result of the profit and loss account (excluding the correction by the IS) (page 26 bis to 26 e of model 200)

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