B) Calculation of the payment by instalments: article 40.3 of the LIS
Keep in mind:
In order to complete the boxes in subsection B) corresponding to the calculation of the split payment applying the modality of article 40.3 of the LIS, the box "Settlement under article 40.3 LIS" in the "Settlement" section of form 202 must be previously checked.
Box 04. Accounting result (after ES and IC)
The result of the profit and loss account after the Corporate Tax and the Complementary Tax will be recorded in box [04].
Boxes 05 and 06. Correction for Corporate Tax (IS)
In box [05] the amount corresponding to the increases in the result of the Profit and Loss Account due to the Income Tax will be recorded and in box [06] the amount corresponding to the decreases.
Box 67. Correction for Complementary Tax (IC)
In box [67] the amount corresponding to the increases in the result of the Profit and Loss Account due to the Complementary Tax will be entered.
Box 37. Reversal of 30 percent of the amount of accounting depreciation expenses (excluding small companies)
The amount corresponding to the decreases due to the reversal of the adjustments made during the tax periods beginning in 2013 and 2014 by entities that are not considered small in size and that, as a result of the provisions of article 7 of Law 16/2012, of December 27, had to record an increase in the result of the profit and loss account, will be recorded in box [37].
Casillas 07 and 08. Other corrections to the accounting result, except comp. Negative BI eg. ant.
In box [07] the amount corresponding to the total increases in the profit and loss account result will be recorded, except for the correction for Corporate Tax and Complementary Tax, and in box [08] the amount corresponding to the decreases, except for the correction corresponding to Corporate Tax and the reversal of the adjustment for the limitation of tax-deductible amortizations made in previous years.
Boxes 38 and 39. Total corrections to accounting results
These boxes will contain the total increases and decreases, respectively, due to the previous corrections, in boxes [05], [37] and [07], and [06] and [08].
These are calculated amounts:
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Box [38] = box [05] + box [67] + box [07]
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Box [39] = box [06] + box [37] + box [08]
Box 13. Previous Taxable Base
It is an amount calculated using the following formula:
Box [13] = box [04] + box [38] - box [39]
Box 44. Remaining capitalization reserve not applied due to insufficient base
Only taxpayers whose tax rate corresponds to that provided for in sections 1 or 6 of article 29 of the LIS, when the requirements provided for in article 25.1 of the LIS are met, and provided that the entire percentage corresponding to the increase in equity could not be reduced in the Corporate Income Tax return (form 200), thus being able to apply the outstanding balance due to insufficient quota of amounts corresponding to previous years.
In this sense, the reduction in the tax base for a given tax period relative to the capitalization reserve corresponds to the percentage increase in equity permitted by current regulations, the determination of which requires that the fiscal year has closed. This means that the application of the capitalisation reserve cannot be taken into account when determining the tax base applicable to the fractional payments, since the tax period will not have concluded and the year-end closing will not have taken place, it will not have been possible to determine the possible increase in equity that would determine the reduction of the tax base. This can only be determined in the declaration for the corresponding tax period which, in accordance with article 124.1 of the LIS, must be submitted within 25 calendar days following the 6 months after the conclusion of the tax period.
Consequently, in the case of split payments, a reduction for this concept (capitalisation reserve) may not appear in the part of the tax base from which such split payments are determined. On the other hand, a reduction for the capitalisation reserve may appear, but corresponding to the amounts pending application of the reduction from previous years, which is what will appear in this box, as a remainder of the capitalisation reserve not applied due to insufficient base.
Box 14. Offsetting negative tax bases from previous periods
The amount of negative tax bases from previous periods that are subject to offset for the purposes of this declaration shall be recorded. Takes the value zero if box [13] – box [44] is negative or zero.
The offsetting of negative tax bases from previous periods is limited to 70 percent of the tax base prior to the application of the capitalization reserve established in article 25 of the LIS and their compensation.
However, with effect for tax periods starting on or after 1 January 2024 and not ending by 22 December 2024, section 1 of the Fifteenth Additional Provision 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, will replace the 70 percent limit with the following:
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50 percent, when in the referred 12 months the net amount of the turnover is at least 20 million euros but less than 60 million euros.
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25 percent, when the net turnover in the referred 12 months is at least 60 million euros.
In any case, negative tax bases can be offset during the tax period up to an amount of 1 million euros.
Keep in mind:
The limitation on the offsetting of negative tax bases indicated above will not apply to the amount of income corresponding to reductions and deductions resulting from an agreement with the taxpayer's creditors. The negative tax bases to be offset with said income will not be taken into consideration with respect to the 1-million-euro value referred to above.
Boxes 45 and 46. Leveling reserve (art. 105 LIS) (only entities that meet the requirements for the application of incentives for small companies (art. 101 LIS) and apply the specific tax rate provided for these entities)
The leveling reserve is a tax incentive applicable to small entities (those whose net turnover in the immediately preceding tax period is less than 10 million euros) that apply the specific tax rate provided for in the first paragraph of article 29.1 of the LIS .
It should be noted that the corrections to the accounting result do not include the amount corresponding to the leveling reserve. Following the corrections to the accounting result, a prior taxable base is obtained, on which the remaining capitalisation reserve not applied due to insufficient base would be applied, where appropriate, and subsequently the offset of negative tax bases would be carried out, and the taxable base is obtained, on which, where appropriate, the levelling reserve would be applied, which must be taken into account for the purposes of fractional payments, as indicated in section 4 of article 105 of the LIS and which may reduce or add to that taxable base. Thus, and provided that the requirements set out in article 105 of the LIS are met, the positive tax base (provided that it does not exceed the amount of 1 million euros) may be reduced by up to 10 percent of its amount. In the event of a reduction in the tax base, a reserve must be created against the positive results of the year for the amount of said reduction. Thus, the amount of reduction must be included in box [46].
These amounts will be added to the tax base of the tax periods that end in the 5 years immediately following the end of the tax period in which said reduction is made, if the taxpayer has a negative tax base and up to the amount thereof. The additional amount must be included in box [45].
Keep in mind:
The cooperative societies who, where applicable, meet the requirements to apply this tax incentive will not fill in these boxes. It will be applied after applying the tax rate, and it will be necessary to convert the amount to a quota, depending on the corresponding tax rate.
Basis of split payment
The basis for the installment payment will be the portion of the taxable base for the first 3, 9, or 11 months of each calendar year determined according to the rules set forth in the Corporate Income Tax Law. Taxpayers whose tax period does not coincide with the calendar year will make the fractional payment on the part of the tax base corresponding to the days elapsed from the beginning of the tax period until the day before the beginning of each of the periods of payment of the fractional payment.