Completion of the table “Conversion of deferred tax assets into credit payable to the Tax Administration”

Regulation: Article 130, DA 13 and DT 33 LIS

In relation to the procedure for converting deferred tax assets into credit enforceable against the Tax Administration, the taxpayer must complete the table "Conversion of deferred tax assets into credit enforceable against the Tax Administration (art. 130, DA 13 and DT 33 LIS)» on page 20 ter of model 200, as detailed below:

1. Deferred tax assets (AID). DT 33 and DA 13 LIS

In the thirty-third transitional provision of the LIS a transitional regime is established for the conversion of deferred tax assets generated in tax periods beginning prior to January 1, 2016 into credit payable against to the tax administration.

This provision establishes a different treatment from the exercise of the right to convert into credit payable before the Tax Administration regulated in article 130 of the LIS for these assets, according to their generation period:

• Deferred tax assets generated before January 1, 2008

Section 1 of the thirty-third transitional provision of the LIS establishes that these assets will have the right to be converted into credit payable before the Tax Administration regardless of the amount of the positive liquid quota of the tax period in which they are they generated.

• Deferred tax assets generated in the periods between 2008 and 2015

Section 2 of the thirty-third transitional provision of the LIS establishes that in the event that the difference between the amount of the deferred tax assets referred to in section 1 of said provision and the aggregate sum of the positive liquid installments of this Tax, corresponding to the tax periods elapsed between years 2008 and 2015 be positive , the application of the provisions of article 130 of The LIS will require the entity to satisfy, with respect to said difference, the equity benefit for the conversion of deferred tax assets into credit payable to the Administration tax. Said benefit must be paid in all tax periods in which the aforementioned deferred tax assets are recorded.

The property benefit is regulated in the thirteenth Additional Provision of the LIS, which establishes that the amount of the benefit will be the result of applying 1.5 percent to the total amount of said existing assets the last day of the tax period corresponding to the entity's Corporate Tax.

Said benefit will accrue on the day of the start of the voluntary declaration period for this Tax, its payment period coinciding with that established for the self-assessment and payment of this Tax.

The income of the capital benefit will be made through the presentation of the form 221 of self-assessment of the capital benefit for conversion of deferred tax assets into enforceable credit in front of the Tax Administration, approved by Order HFP /550/2017, of June 15.

Finally, in relation to taxpayers who apply the provisions of this thirty-third transitional provision of the LIS, section 6 of said thirty-third transitional provision of the LIS establishes for these taxpayers the obligation to provide the following information :

1. Total amount of deferred tax assets referred to in section 1 of this provision.

2. Total amount of the aggregate sum of the positive liquid contributions of this Tax, corresponding to the tax periods elapsed between the years 2008 and 2015.

3. Total amount and year of generation of the deferred tax assets referred to in letter a) above, to which, in turn, section 2 of this provision applies.

4. Total amount and year of generation of the deferred tax assets referred to in letter a) above to which section 2 of this provision does not apply, specifying, where appropriate, those derived from the application of section 4 of this provision.

Completion in form 200 of the section «Deferred tax assets (AID). DT 33 and DA 13 LIS» (page 20 ter of model 200)

To comply with the obligation mentioned in the previous paragraphs, taxpayers must complete this section in the manner detailed below:

• In column «Total AID amount pending application at the beginning of the period (DT 33.1 and 6 a) LIS)» will be entered in the boxes corresponding to the rows «2007 and earlier» and « Total 2008 to 2015", the total amount of deferred tax assets generated in the 2007 and previous tax periods and in those between 2008 and 2015, respectively, that are pending application at the beginning of the tax period being declared, in the terms established in section 1 and letter a) of section 6 of the thirty-third transitional provision of the LIS.

• In the column "Positive liquid quota" the amount of the aggregate sum of the positive liquid contributions of the Corporate Tax relating to the the tax periods elapsed between 2008 and 2015.

  Keep in mind:

  The completion of the box corresponding to the row "2007 and earlier" is blocked, because according to the provisions of section 1 of the thirty-third transitional provision of the LIS, the right to convert deferred tax assets generated in These periods can be exercised regardless of the amount of the positive liquid quota of the period in which they were generated.

  Completion of the box corresponding to the total in this column is also blocked.

• In the column "AID applied in the period (due to integration of provisions in the settlement)" will be entered in the boxes corresponding to the rows "2007 and previous" and "Total 2008 to 2015" , the amount of deferred tax assets generated before January 1, 2008 and between 2008 and 2015, respectively, that are applied in the tax period subject to integration declaration in the tax base of the provisions that generated them in the terms established by article 11.12 of the LIS.

• In the column "AID converted into receivable credit in the period" , the amount of the assets will be entered in the boxes corresponding to the rows "2007 and earlier" and "Total 2008 to 2015". for deferred taxes generated before January 1, 2008 and those between 2008 and 2015, respectively, converted into a claimable credit in the tax period being declared in the terms established by article 130 of the LIS.

Within this section «Deferred tax assets (AID). DT 33 and DA 13 LIS", in block "AID pending application in future periods" , the amounts corresponding to deferred tax assets that have not been applied or converted into the tax period being declared and which, therefore, remain pending application in future periods:

• In the column "With capital benefit (DT 33.6 c) LIS)" , the total amount of the deferred tax assets recorded in the column "Total AID amount pending application at the beginning" will be entered of the period (DT 33.1 and 6 a) LIS)", from which the amounts corresponding to the deferred tax assets that have been applied in the period (by integration of provisions in the liquidation) and the deferred tax assets must be deducted converted into payable credit in the period, the amount on which the capital benefit for conversion of said assets must be satisfied in the terms established in section 2 of the thirty-third transitional provision of the LIS.

  For these purposes, the amount on which the capital benefit must be paid for the conversion of deferred tax assets generated in the tax periods elapsed between 2008 and 2015 will be entered in the box corresponding to the "Total 2008 to 2015" row.

  Keep in mind:

  The completion of the box corresponding to the "2007 and previous" row is blocked, because, according to the provisions of the thirty-third transitional provision of the LIS, the deferred tax assets generated in years prior to January 1, 2008, They can be converted into demandable credit without having to satisfy the property benefit.

• In column "No capital benefit (DT 33.6 d) LIS)" will be recorded from the total amount of deferred tax assets recorded in the column "Total AID amount pending application at the beginning of period (DT 33.1 and 6 a) LIS)", from which the amounts corresponding to the deferred tax assets that have been applied in the period (by integration of provisions in the liquidation) and the converted deferred tax assets must be deducted in credit due in the period, the amount on which the capital benefit for conversion of said assets does not correspond to be satisfied in the terms established in sections 1 and 2 of the thirty-third transitional provision of the LIS.

  For these purposes, in the boxes corresponding to the rows "2007 and previous" and "Total 2008 to 2015" the entire amount on which the capital benefit for conversion of deferred tax assets generated in the tax periods does not correspond will be entered. started before January 1, 2008 and those between 2008 and 2015, respectively.

• In column «No property benefit. Reduction of benefit for excess quota for other periods starting from 2016 (DT 33.4 and 6 d) LIS)» the amount of the deferred tax assets generated in the tax periods between 2008 and 2015 that derive from the application of section 4 of the thirty-third transitional provision of the LIS.

  This column will record that part of the deferred tax assets that were originally required by application of the provisions of section 2 of the thirty-third transitional provision of the LIS, to satisfy the capital benefit in order to be converted into a demandable credit. before the Tax Administration, and that as a consequence of the application of section 4 of said provision, they are outside the obligation to satisfy said benefit.

  Keep in mind:

  Regarding the application of the excess of positive liquid quota generated in a certain period against the deferred tax assets generated in the same, regulated in the second paragraph of article 130.1 of the LIS, which are applied to assets of the same nature generated in tax periods from 2008 to 2015 (DT 33.4 of the LIS), must be entered in the section "Excess positive liquid quota (art. 130.1 and DT 33.4 LIS)" on page 20 ter of form 200, in the column called "Excess of positive liquid quota applied in tax periods from 2008 to 2015 (DT 33.4 LIS)» broken down by year of generation.

  The completion of the box corresponding to the "2007 and previous" row is blocked, because, according to the provisions of the thirty-third transitional provision of the LIS, the deferred tax assets generated in years prior to January 1, 2008, They can be converted into demandable credit without having to satisfy the property benefit.

• In column "Total AID amount outstanding (DT 33.1 and 6 a) LIS)" the total amount of deferred tax assets with the right to conversion into demandable credit will be entered in accordance with the provisions of article 130 and in the thirty-third transitional provision of the LIS, which have not been applied in the tax period subject to declaration by integration of provisions in the liquidation, nor have they become a claimable credit in the period, therefore remaining pending application in future periods. Its amount will result from the aggregation of the three previous columns, members of the "AID pending application in future periods" block.

  For these purposes, in the boxes corresponding to the rows "2007 and earlier" and "Total 2008 to 2015" the total amount of said assets generated in tax periods beginning before 1 January 2008 and between 2008 and 2015, respectively.

2. Deferred tax assets (AID). Art. 130 LIS

As established in the first paragraph of article 130.1 of the LIS for the tax periods that begin on or after January 1, 2016, the deferred tax assets corresponding to the provisions referred to in article 11.12 of the LIS may be converted into a demandable credit against the Tax Administration , for an amount equal to the positive net amount corresponding to the tax period of generation of those, provided that any of the following circumstances indicated in article 130.2 of the LIS apply:

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

  In this case, the amount of the deferred tax assets subject to conversion will be determined by the result of applying to their total, the percentage that the accounting losses for the year represent with respect to the sum of capital and reserves.

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

According to the provisions of second paragraph of article 130.1 of the LIS, when the amount of the positive net tax of a certain tax period is greater than the amount of the deferred tax assets generated in the same referred to in the first paragraph of article 130.1 of the LIS, the entity may have the right to conversion in credit enforceable against the Tax Administration provided for in article 130 of the LIS, 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.

Also the 1## against the Tax Administration for the right to offset the negative tax bases in subsequent years, when those are a consequence of integrating into the tax base the provisions for impairment of credits or other assets derived from the possible insolvencies of the debtors, as well as the provisions or contributions to social security systems and, where appropriate, early retirement, which generated the deferred tax assets referred to in the first paragraph of this section.

The conversion of the deferred tax assets referred to in this section into a claim payable to the Tax Administration will occur at the time of presentation of the self-assessment of the Corporate Tax corresponding to the tax period in which the circumstances indicated above occurred.

Said conversion will determine that the taxpayer can choose to request his credit from the Tax Administration or to compensate said credits with other debts of a state tax nature that the taxpayer himself generates from the moment of conversion, according to the procedure and within the period established in article 69 of RIS .

On the other hand, deferred tax assets may be exchanged for Public Debt securities, once the period of eighteen years has elapsed, computed from the last day of the tax period in which the registration occurs. accounting of such assets.

In relation to taxpayers who apply the provisions of this article 130 of the LIS, article 130.6 of the LIS establishes for them the obligation to provide the following information:

1. Total amount of deferred tax assets corresponding to provisions for impairment of credits or other assets derived from possible insolvencies of debtors not linked to the taxpayer, not owed to public law entities and whose deductibility does not occur by application of the provisions provided in article 13.1.a) of the LIS, as well as those derived from the application of sections 1 and 2 of article 14 of the LIS, corresponding to endowments or contributions to social security systems and, where appropriate, early retirement.

2. Total amount and year of generation of the deferred tax assets referred to in letter a) above with respect to which the entity has the right established in this article, specifying those referred to, if applicable, in the second paragraph of the article 130.1 of the LIS.

3. Total amount and year of generation of the deferred tax assets referred to in letter a) above with respect to which the entity does not have the right established in this article.

Completion in form 200 of the section «Deferred tax assets (AID). Art. 130 LIS» (page 20 ter of model 200)

To comply with the obligation mentioned in the previous paragraphs, taxpayers must complete this section in the manner detailed below:

• In column "Total AID amount (art. 130.6 a) LIS) pending application at the beginning of the period/generated in the period itself" will be entered in the boxes corresponding to each row of the section "Generation year", the amounts of deferred tax assets generated in 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively, that are pending application, in the terms of article 130.6 of the LIS.

• In the column "Positive liquid quota" , the amounts of the positive liquid contributions of the Corporate Tax relating to 2016 will be entered in the boxes corresponding to each row of the "Generation year" section. 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively.

Within this section «Deferred tax assets (AID). Art. 130 LIS", block "AID pending application at the beginning of the period/generated in the period itself" , will be completed as follows:

• In the column "With the right to conversion into payable credit (art. 130.6 b) LIS)" , the relative amount will be entered in the boxes corresponding to each row of the "Generation year" section. to the deferred tax assets with the right to conversion for an amount equal to the positive liquid quota corresponding to the tax periods 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023 of generation thereof, respectively, which are a part of the deferred tax assets of article 130.6 b) of the LIS.

• In the column "With the right to conversion into demandable credit for excess quota in other periods (art. 130.1 and 6 b) LIS)" will be entered in the boxes corresponding to each row of the section "Fiscal year generation", the amount related to the deferred tax assets generated in 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively, that have acquired the right to conversion by applying the excess quota from other periods, as established in the second paragraph of article 130.1 of the LIS, and whose independent completion establishes article 130.6 b) of the LIS.

  Keep in mind:

  The application of these excess positive liquid quota corresponding to other periods must be reflected correlatively in the column "Excess positive liquid quota applied in tax periods starting from 2016 (art 130.1 paragraph 2 LIS)" of the "Excess quota" section. positive liquid (art. 130.1 and DT 33.4 LIS)» which is found at the end of page 20 ter of model 200.

• In column «No right to conversion into demandable credit (art. 130. 6 c) LIS)» the total amount of deferred tax assets generated in 2016, 2017, 2018, will be entered in the boxes corresponding to each row of the “Generation year” section. 2019, 2020, 2021, 2022 and 2023, respectively, over which the right of conversion into payable credit cannot be exercised, in accordance with the provisions of article 130.6 c) of the LIS.

• In the column "AID applied in the period (due to integration of provisions in the settlement)" , the amount of the assets will be entered in the boxes corresponding to each row of the "Generation year" section. for deferred tax applied by the integration in the settlement of the provisions corresponding to the tax periods 2016, 2017, 2018, 2019, 2020, 2021 and 2022 , respectively, that the entity had pending integrate at the beginning of the reporting period.

• In the column "AID converted into receivable credit in the period" , the amount of deferred tax assets generated in 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively, and converted into credit payable in the tax period being declared.

Within this section «Deferred tax assets (AID). Art. 130 LIS", the block "AID pending application in future periods", will be completed as follows:

• In column "With the right to conversion into enforceable credit (art. 130.6 b) LIS)" the amounts of deferred tax assets pending application in future periods that are entitled to conversion due to sufficiency of positive liquid tax corresponding to the tax period of its generation, in accordance with the provisions of the first paragraph of article 130.1 of the LIS.

  These are those deferred tax assets included in the column "With the right to conversion into payable credit (art. 130.6 b) LIS)" of the block "AID pending application at the beginning of the period/generated in the period itself, once the assets have been deducted for deferred tax applied in the period by integration of provisions in the liquidation and the deferred tax assets converted into credit payable in the period.

  For these purposes, in the boxes corresponding to each row of the "Generation year" section, the amount of those deferred tax assets generated in 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively, pending of application in future periods, which have the right to conversion due to the sufficiency of the positive liquid quota in the tax period of generation.

• In column "With the right to conversion into credit due for excess tax in other periods (art. 130.1 and 6 b) LIS)" the amounts of deferred tax assets pending application will be recorded in future periods that have acquired their right to conversion by applying the excess of positive liquid quota from another period.

  Its amount comes from the column "With the right to conversion into demandable credit due to excess quota from other periods (art. 130.1 and 6 b) LIS)" of the block "AID pending application at the beginning of the period/generated in the period itself" , after deducting the deferred tax assets applied in the period by integration of provisions in the liquidation and the deferred tax assets converted into credit payable in the period.

  For these purposes, in the boxes corresponding to each row of the "Generation year" section, the amount of the deferred tax assets generated in 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively, pending of application in future periods, who have acquired the right of conversion by applying the excess of positive net tax corresponding to other tax periods.

• In the column "Without the right to conversion into payable credit (art. 130.6 c) LIS)" , the amount will be entered in the boxes corresponding to each row of the "Generation exercise" section. total of the deferred tax assets generated in 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, respectively, and pending application in future periods, over which the right to convert into a demandable credit cannot be exercised, according to the provisions of article 130.6 c) of the LIS.

3. Conversion of deferred tax assets into credit payable to the Tax Administration

According to the provisions of article 130.3 of the LIS , the conversion of the deferred tax assets referred to in article 130.1 of the LIS will occur at the time of presentation of the self-assessment of Corporate Tax corresponding to the tax period in which the following circumstances described in article 130.2 of the LIS have occurred:

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

  In this case, the amount of the deferred tax assets subject to conversion will be determined by the result of applying to their total, the percentage that the accounting losses for the year represent with respect to the sum of capital and reserves.

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

Also the deferred tax assets will become a claim payable to the Tax Administration 1## for the right to offset negative tax bases in subsequent years, when those are a consequence of integrating into the tax base the provisions for impairment of credits or other assets derived from the possible insolvencies of the debtors, as well as the provisions or contributions to social security systems and, where appropriate, early retirement, which generated the deferred tax assets referred to in the first paragraph of article 130.1 of the LIS.

The conversion of deferred tax assets into a credit payable against the Tax Administration referred to in article 130.1 of the LIS, will determine that the taxpayer can choose to request their payment to the Tax Administration or by offsetting said credits with other debts of a state tax nature that the taxpayer himself generates from the moment of the conversion, according to the procedure and within the period established in article 69 of the RIS.

On the other hand, deferred tax assets may be exchanged for Public Debt securities, once the period of eighteen years has elapsed, computed from the last day of the tax period in which the registration occurs. accounting of such assets.

Completion in form 200 of the section "Conversion of deferred tax assets into credit payable to the Tax Administration" (page 20 ter of form 200 )

To comply with what is explained in the previous paragraphs, taxpayers must complete this section in the manner detailed below:

• In box [00393] the amount corresponding to the conversion into credit payable before the Tax Administration of said deferred tax assets will be entered in the terms provided in sections 1 and 2 of article 130 of the LIS .

  The amount of this box must be the sum of boxes [01537] and [01567].

• In box [00150] the amount on which the taxpayer has chosen to request the credit of the deferred tax assets converted into credit will be entered. required before the tax administration.

• In box [00506] the amount on which the taxpayer has chosen to request the compensation of the deferred tax assets converted into credit will be entered. required before the tax administration.

4. Excess positive liquid quota (art. 130.1 and DT 33.4 LIS)

As already mentioned in previous sections, article 130.1 of the LIS establishes that the deferred tax assets corresponding to the provisions referred to in article 11.12 of the LIS may become a claim payable to the Tax Administration, for an amount equal to the positive liquid quota corresponding to the tax period of generation of those, provided that any of the circumstances included in article 130.2 of this Law apply.

The second paragraph of article 130.1 of the LIS establishes that when the amount of the positive liquid quota of a certain tax period is greater than the amount of the deferred tax assets generated therein 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.

Section 4 of the thirty-third transitional provision of the LIS establishes that notwithstanding the provisions of the second paragraph of section 1 of article 130 of the LIS, the excess indicated therein will reduce, in advance, the amount of the deferred tax assets with respect to of which the property benefit indicated in section 2 of this provision must be satisfied.

Section 2 of the thirty-third transitional provision of the LIS establishes that in the event that the difference between the amount of the deferred tax assets referred to in section 1 of said provision and the aggregate sum of the positive liquid contributions of This Tax, corresponding to the tax periods elapsed between the years 2008 and 2015 is positive, the application of the provisions of article 130 of the LIS will require that the entity satisfy, with respect to said difference, the capital benefit for conversion of assets for tax deferred credit payable to the Tax Administration, in the terms established in the thirteenth Additional Provision of the LIS.

Completion in form 200 of the section “Excess positive liquid quota (art. 130.1 and DT 33.4 LIS)” (page 20 ter of form 200)

To comply with what is explained in the previous paragraphs, taxpayers must complete this section in the manner detailed below:

• In the column "Excess positive liquid quota pending at the beginning of the period/generated in the period itself" , the amount of the positive net amount that in the tax periods corresponding to 2021, 2022 and 2023, respectively, was higher than the amount of the deferred tax assets generated therein and that is pending application at the beginning of the tax period being declared.

• In the column " Excess positive liquid quota applied in tax periods from 2008 to 2015 (DT 33.4 LIS)" , as established in section 4 of the thirty-third transitional provision of the LIS, in In the boxes corresponding to each row of the "Generation year" section, the amount of the excess positive liquid quota generated in 2021, 2022 and 2023, respectively, and collected in the period subject to declaration will be entered in the boxes of the "Excess quota" section. positive liquid asset pending at the beginning of the period/generated in the period itself", which reduces the amount of the deferred tax assets corresponding to the tax periods elapsed between 2008 and 2015, with respect to which the capital benefit must be paid.

• In column "Excess positive liquid quota applied in tax periods starting from 2016 (art. 130.1 paragraph 2 LIS)" will be entered in the boxes corresponding to each row of the section "Exercise of generation", the amount of the excess of the positive liquid quota generated in 2021, 2022 and 2023, respectively, that is applied to the deferred tax assets generated in tax periods beginning on or after January 1, 2016 in the terms provided in the second paragraph of article 130.1 of the LIS.

• In column "Excess positive liquid quota pending application in future periods" , the amount of the excess liquid quota will be entered in the boxes corresponding to each row of the "Generation year" section. positive corresponding to 2022 and 2023 collected in the boxes of the section "Excess positive liquid quota pending at the beginning of the period/generated in the period itself" in the settlement of the tax period object of declaration, but not applied in said period so it remains pending of application for future periods.