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Issues to consider when settling the tax in 2023

We inform you of the main developments for the 2023 Corporate Tax Campaign.

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Unconstitutionality of several provisions introduced by Royal Decree-Law 3/2016

The Constitutional Court in Judgment 11/2024 , dated January 18, 2024, declares the unconstitutionality and nullity of the Fifteenth Additional Provision and section 3 of the sixteenth transitional provision of the LIS, as amended by article 3. First, sections One and Two of Royal Decree-Law 3/2016, of December 2, adopting measures in the tax field aimed at the consolidation of public finances and other urgent measures in social matters, which regulated:

  • The establishment of special limits on the offsetting of negative tax bases and the allocation of provisions for impairment of credits and other assets and certain provisions for taxpayers whose INCN is at least 20 million euros during the 12 months prior to the date on which the tax period begins.

  • The introduction of a new limit on deductions to avoid double taxation also for large companies.

  • The obligation to reverse within a certain maximum period the impairments deducted in previous fiscal years by taxpayers.