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Form 100. Personal Income Tax Return Declaration 2017

8.3.2. Offsetting negative items in the general tax base

The following will be offset first and in this order from the positive net balance of capital gains and losses attributable to 2017 to be included in the general tax base:

  • Negative balances of capital gains and losses for 2013, 2014, 2015 and 2016 not derived from the transfer of assets to be included in the General Tax Base.

Note: Losses incurred in 2013 and 2014 arising from the transfer of assets with a period of permanence equal to or less than one year that were included in the General Tax Base in these years are offset as of January 1, 2015 in the Savings Tax Base, according to the rules applicable to capital gains and losses arising from transfers of assets, regardless of the generation period.

From the positive balance of the income to be included in the tax base and from the income imputations, the following may be offset:

The negative net balance of capital gains and losses to be included in the general tax base from the 2017 fiscal year will be recorded in box 0413 on page 13 of the declaration.

The remaining negative net balances of capital gains and losses from 2013 to 2016 not derived from transfers, pending compensation as of January 1, 2017 to be integrated into the general tax base, will then be offset with the limit of 25 percent of the amount in box 0414, this balance is pending and not offset.