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Practical Manual for Companies 2023.

Operations carried out with non-cooperative jurisdictions

Article 15 g) of the LIS establishes the non-deductibility of service expenses corresponding to operations carried out directly or indirectly, with persons or entities resident in countries or territories qualified as non-cooperative jurisdictions, or that are paid through persons or entities resident in these, except that the taxpayer proves that the accrued expense responds to an operation or transaction actually carried out.

Filling in form 200

In application of the provisions of this precept, the taxpayer must make the following adjustments in boxes [00341] and [00342] "Operations carried out with non-cooperative jurisdictions (art. 15 g) LIS)" on page 12 of form 200:

  • In the tax period in which the aforementioned non-tax-deductible expenses are recorded, a positive adjustment must be made to the accounting result in box [00341] .

  • However, if in subsequent tax periods, the taxpayer proves that these accrued expenses correspond to an operation or transaction actually carried out, said expenses will be considered tax deductible, so a negative adjustment must be made in box [00342] .