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Issues to consider when settling the tax in 2024

We inform you of the main news for the 2024 Corporate Campaign

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Capitalisation reserve

Regarding the capitalization reserve, Royal Decree-Law 4/2024, of June 26, with effect for tax periods beginning on or after January 1, 2024, modifies Article 25.1 of the LIS as follows:

  • For taxpayers who pay taxes at the tax rate provided for in sections 1 or 6 of article 29 of the LIS, the percentage of reduction is increased applicable as a capitalization reserve, increasing from 10 to 15 percent of the amount of the increase in its own funds.

  • Reduced from 5 to 3 years the deadline for maintaining the increase in equity of the entity.

In line with the above, is reduced from 5 to 3 years he reservation unavailability period of capitalization that must be provided.

For these purposes, Royal Decree-Law 4/2024, of June 26, introduces in the LIS the forty-third transitional provision that establishes as transitional regime This new 3-year period will apply to the increase in equity and capitalization reserves provided for, the maintenance and unavailability periods of which, respectively, have not expired at the beginning of the first tax period commencing on or after January 1, 2024.

Keep in mind:

The 3-year period will also apply to increases in equity, the maintenance period for which has not expired at the start of the first tax period commencing on or after January 1, 2022.

The 3-year period will also apply to allocated capitalization reserves whose unavailability period has not expired at the beginning of the first tax period commencing on or after January 1, 2022.