Extension of the temporary measure in determining the consolidated tax base

With effect for tax periods beginning on or after January 1, 2024, and not ending on December 22, 2024, Law 7/2024 modifies the nineteenth Additional Provision of the LIS to extend the special rule for determining the consolidated tax base provided for tax periods beginning in 2023 to those beginning in 2024 and 2025.

For these purposes, for these tax periods it is established that the tax base of the tax group is determined by adding all the positive individual tax bases and only the 50 percent of the negative individual tax bases, taking into account the specialties established in the LIS and the rest of the items that make up the consolidated base.

However, as exceptionFor tax periods beginning in 2024 and 2025, this limitation will not apply to the individual tax bases of foundations subject to the general corporate tax regime and that are part of the tax group.

The amount of individual negative tax bases not included in the tax base of the tax group in the tax periods 2023, 2024 and 2025, will be integrated in the group's tax base in equal parts in each of the first ten tax periods commencing on or after 1 January 2024, 1 January 2025 and 1 January 2026, respectively, even if any of the entities with negative individual tax bases are excluded from the group.

In the event of loss of the regime fiscal consolidation or extinction of the tax group, the amount of individual negative tax bases that is pending integration into the group's tax base will be integrated into the last tax period in which the group pays taxes under the tax consolidation regime.