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Practical Manual for Companies 2024.

Deduction for international double taxation of previous periods applied in the financial year (articles 31 and 32 LIS)

Filling in form 200

In box [00571] "Deduction for international double taxation of previous periods applied in the fiscal year (arts. 31 and 32 LIS)", the outstanding balance of deduction due to insufficient full quota, relative to the deductions to avoid international double taxation of the Articles 31 and 32 of the LIS, generated in the tax periods 2015 to 2023 or in a previous tax period beginning in 2024 and that the taxpayer applies in the period subject to declaration. The amount entered in this box will be the result of completing the breakdown table on page 16 of form 200 explained below.

Taxpayers who apply these deductions for international double taxation must complete this table in which they will record the amounts of the deductions to avoid international double taxation referred to in articles 31 and 32 of the LIS generated in the tax periods 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024 (*), which may have been or may be transferred to future tax periods due to insufficient tax, in the manner detailed below.

Completing the table “International double taxation deductions LIS” (page 16 of form 200)

  • Inside the block «DI international previous periods", the rows "International ID 2015" to «International DI 2023», are intended to collect the amounts of deductions to avoid international double taxation, regulated in articles 31 and 32 of the LIS generated from 2015 to 2023, and which were transferable to subsequent tax periods due to insufficient full tax.

    The row "ID internal 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 liquidation and started in 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024(*), from the block «DI international. previous periods", the balance of the corresponding deduction that was pending application at the beginning of the tax period being settled shall be entered 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.

  • 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 periods must be collected. 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 settled (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 "Pending deduction" column by the fraction «Tax rate 2024/Tax rate generation period».

    Keep in mind:

    In general, the tax rate corresponding to the 2024 fiscal year 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 2024 tax rate and the generation period tax rate 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:

    • For tax periods beginning on or after January 1, 2024, and not ending by December 22, 2024, 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 [00571] the total amounts entered in the column "Applied in this settlement" will be recorded, which must be transferred to box [00571] on 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.