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Practical Manual for Companies 2024.

Calculation of individual and group taxable bases

In accordance with the provisions of the previous section, it should be reiterated that in the case of entities with branches that are taxed in accordance with regime ZEC , the part of the entity's tax base that forms part of a tax group attributable to branch will not be included in the individual tax base of the aforementioned entity for the purposes of determining the tax base of the tax group.

As a general rule, in accordance with the provisions of article 62 a) of the LIS , the requirements or qualifications established both in the accounting regulations for the determination of the accounting result, as well as in this Law for the application of any type of adjustments to it, in the terms established in article 10.3 of this Law, will refer to the tax group.

Therefore, for the determination of the individual tax bases corresponding to the entities comprising the tax group, the requirements and qualifications established in the accounting regulations will refer to the tax group, which will require compliance with the consolidated accounting regulations provided for in the Rules for the Formulation of Consolidated Annual Accounts, approved by Royal Decree 1159/2010, of September 17. For the purposes of making the corresponding adjustments, the box "Corrections to the accounting result when considering the accounting requirements or qualifications referring to the tax group (art. 62.1 a) LIS)" is introduced, which appears on page 12 of the model, box [01230] for increases and box [01231] for decreases. For example, these boxes should include transactions that correspond to transfers of shares representing interests in the share capital of the parent company and whose ownership, to date, corresponded to any of the dependent entities, since, in accordance with the Standards for the Preparation of Consolidated Annual Accounts, said transaction corresponds to a sale of own shares.

On the other hand, the requirements or qualifications established by the Corporate Tax Law to be applied to the accounting result will refer to the tax group. This implies that all adjustments to the accounting result included on pages 12 and 13 of form 200 under the heading "Details of corrections to the result of the profit and loss account (excluding corrections for ES and by IC)», must go with group criteria.

Finally, article 63 of the LIS establishes a series of special rules for determining the individual tax base of the entities that form part of the group:

  1. The limit established in article 16 of the LIS in relation to the deductibility of financial expenses will refer to the tax group. That is, boxes [00363] and [00364] on page 12 will be determined by the limit that the group must apply in relation to that entity.

  2. The capitalisation reserve referred to in Article 25 of the LIS will not be included in individual tax bases. That is to say, for the determination of the individual tax base that is transferred to form 220, box [01032] on page 14 of form 200 will not be considered.

  3. The provisions referred to in article 11.12 of the LIS will not be included in the individual tax bases.

    For these purposes, the items "Impairment losses under art. 13.1 LIS and provisions and expenses (art. 14.1 and 14.2 LIS referred to in art. 11.12 LIS)" and "Application of the limit of art. 11.12 LIS to impairment losses under art. 13.1 LIS and provisions and expenses (art. 14.1 and 14.2 LIS)" should not be completed. That is, boxes [00415], [00211], [00416] and [00543] on page 12 of form 200 should not be completed.

  4. The compensation of negative tax bases that would have corresponded to the entity under an individual regime, which is included in box [00547] on page 14 of form 200, will not be included in the individual tax bases.

  5. The equalisation reserve referred to in Article 105 of the LIS will not be included in the individual tax bases. That is, the amount entered in boxes [01033] and [01034] on page 14 of form 200 will not be taken into account.

In short, due to the changes introduced by the LIS, it has been necessary to determine specific tax base for entities that pay taxes under the fiscal consolidation regime, specifically box [01029] on page 13 of form 200. In this way, the tax base to be transferred will be that of box [01029] and not that of box [00550].