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Practical Manual for Companies 2024.

Deduction for internal double taxation of previous periods applied in the financial year (DT 23.1 LIS)

section 1 of the twenty-third transitional provision of the LIS establishes a transitional regime to determine the deduction to avoid internal double taxation on dividends obtained from participation in the capital or equity of entities resident in Spanish territory, acquired in tax periods before January 1, 2015.

Filling in form 200

In application of the provisions of section 1 of the twenty-third transitional provision of the LIS, in box [01344] "Deduction for internal double taxation of previous periods applied in the year ( DT 23.1 LIS)" on page 14 of form 200, the outstanding balance of the deduction due to insufficient full quota will be recorded, corresponding to the deductions to avoid internal double taxation referred to in section 1 of the twenty-third transitional provision of the LIS generated in tax periods prior to 1 January 2015, which has been applied by the taxpayer in the tax period subject to declaration. The amount entered in this box will be the result of completing the breakdown table on page 15 bis of Form 200, which is explained below.

Completing the table “Domestic double taxation deductions (DT 23.1 LIS)” (page 15 bis of form 200)

Taxpayers who apply this deduction for internal double taxation must complete block « DI internal previous years » in the manner detailed below:

  • Rows “Internal DI 2015”, “Internal DI 2016”, “Internal DI 2017”, “Internal DI 2018”, “Internal DI 2019”, "GAVE. internal 2020», «Internal DI 2021», «Internal DI 2022» and «Internal DI 2023», are intended to collect the amounts of the deductions to avoid internal double taxation regulated in the twenty-third transitional provision of the LIS generated in 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 and 2023, and which were transferable to subsequent tax periods due to insufficient full quota.

    The line Internal DI 2024(*)» It should only be completed if the entity has pending deductions to apply corresponding to a previous tax period starting in >2024.

  • In the column "Pending deduction" It should be taken into account that, if it is a deduction generated in any of the tax periods prior to the one that is the subject of settlement and started in 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 or 2023 of the "Internal DI previous years" block, the balance of the corresponding deduction that was pending application at the beginning of the tax period that is the subject of settlement will be recorded in the respective box of this column.

    In any case, said balance must be the one corresponding to applying the tax rate for the tax period in which the deduction was generated.

  • Therefore, in column "Tax rate/generation period" the tax rate for which the reporting entity and beneficiary of the deduction paid taxes in the period in which it was generated will be stated. This column does not exist for cases in which the tax period for generating the deduction corresponds to the tax period of the liquidation.

  • In the column «2024 pending deduction» The amounts referring to outstanding deductions from previous years must be included. In the event that the tax rate applicable to the taxpayer benefiting from the deduction in the tax period in which it was generated is different from the tax rate for which they pay taxes in the tax period being assessed (shown in the row "Tax rate 2024"), the amount to be entered in this column will be the result of multiplying the amount in the corresponding box in the column "Pending deduction" by the fraction "Tax rate 2024/Tax rate generation period".

    In general, the tax rate corresponding to the fiscal year 2024 will be obtained by dividing the amount in box [00562] "Total amount" on page 14 of form 200 by the amount in box [00552] "Taxable base" on page 14 of form 200.

    If the tax rate of the tax period being assessed and the tax rate of the generation period are the same, the amount entered in the "Pending Deduction" column will be equal to the amount entered in the corresponding box in the "2024 Pending Deduction" column.

  • In the column "Applied in this settlement" The part (or the entire amount, as the case may be) corresponding to the previous column "2024 pending deduction" that is applied in the settlement corresponding to the period subject to settlement will be collected.

    Keep in mind:

    • When completing this column the amount of the full quota that appears in box [00562] "Full quota" on page 14 of form 200.

      For tax periods beginning on or after January 1, 2024, and not ending by December 22, 2024, the section 2 of the Additional Provision Fifteen of the LIS establishes that taxpayers whose net turnover is at least 20 million euros during the 12 months prior to the date on which the tax period begins, must take into account that the amount of the deductions to avoid international double taxation provided for in articles 31, 32 and 100.10 of the LIS, as well as those deductions to avoid double taxation referred to in the twenty-third transitional provision of this Law, may not jointly exceed 50 percent of the taxpayer's full tax.

    • Information on the net amount of turnover for the twelve months prior to the start date of the tax period must be included on page 1 of Form 200, in order to determine the application of minimum taxation (Article 30 bis LIS).

      The option selected by the taxpayer will also be taken into account to determine the limits in the calculation of accounting corrections arising from the application of article 11.12 of the LIS, the compensation of negative tax bases and the compensation of quotas for losses of cooperatives, so once the table on page 1 of form 200 has been completed, it will not be displayed again on other screens.

    • In box [01344] the total amounts entered in the column "Applied in this settlement" will be recorded, which must be transferred to page 14 of form 200 regarding the settlement of the Tax.

  • In the column "Pending application in future periods" The portion of the deduction corresponding to the "2024 pending deduction" column that was not included in the box corresponding to the "Applied in this settlement" column will be collected. That is, it refers to the part of the deduction that, because it was not applied in the settlement of the tax period subject to declaration, remains pending application in future tax periods.