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Practical Manual for Companies 2023.

Payment for converting deferred tax assets into credit payable to the Tax Agency

Regulation: Article 130 LIS

Deferred tax assets corresponding to provisions for impairment of credits or other assets arising from possible insolvencies of debtors not related to the taxpayer, not owed to public law entities and whose deductibility does not occur by application of the provisions of article 13.1.a) of this Law, as well as those derived from the application of sections 1 and 2 of article 14 of this Law, corresponding to provisions or contributions to social security systems and, where appropriate, early retirement, may be converted into a claim against the Tax Authority, for an amount equal to the positive net quota corresponding to the tax period in which they are generated.

However, when the amount of the positive net quota of a given tax period is higher than the amount of deferred tax assets generated in the same referred to in the previous paragraph, the entity may have the right provided for in this article, for an amount equal to the excess, with respect to those assets of the same nature generated in previous tax periods or in the 2 subsequent tax periods.

For the conversion mentioned above to occur, any of the following circumstances must occur:

  1. That the taxpayer records accounting losses in its annual accounts, audited and approved by the corresponding body.

  2. That the entity is subject to liquidation or judicially declared insolvency.

The conversion of deferred tax assets into a claim against the Tax Authority will occur at the time of filing of the Corporate Tax self-assessment corresponding to the tax period in which the circumstances giving rise to said conversion occurred.

Entities that convert the deferred tax assets referred to in the previous paragraph into a claim against the Tax Authority may choose to request payment from the Tax Authority following the procedure established in article 69 of RIS .

Filling in form 200

If the entity chooses to request payment of the tax credit, it must record this amount in box [00150] "Payment for conversion of deferred tax assets into tax credit (art. 130 LIS)" on page 14 bis of form 200:

  • In the event that entity pays taxes exclusively to the State Administration , it must record the amount in box [01020] "Credit for conversion of deferred tax assets into a payable credit against the Tax Administration (art. 130 LIS) (State)". In this case, the amount in box [01020] will match the amount in box [00150].

  • In the event that entity pays taxes to one or more Provincial Councils of the Autonomous Community of the Basque Country and/or the Foral Community of Navarre, it must record the amount in box [01043] "Credit for conversion of deferred tax assets into a credit payable to the Tax Authority (art. 130 LIS) (D. Forales/Navarre)». This box must be completed on page 26 of Form 200.