The Corporation Tax Law allows to compensate, With the positive income of the following tax periods, The negative tax bases that have been subject to liquidation or self -assessment. Besides, Unlimited compensation is allowed over time. Yes indeed, With a quantitative regulation.
What are the limits and regulations for the compensation of negative tax bases?
The limits applicable to compensation are established according to the net amount of the business figure during the twelve months prior to the date on which the tax period begins, And they are the following:
- Business figure lower than 20 Millions of euros: 70% of the tax base prior to the application of the capitalization reserve (60% For tax periods of 2016 From now on).
- Negotiation figure equal to the superior to 20 millions and lower than 60 Millions of euros: 50%.
- Negotiation figure equal to the superior to 60 Millions of euros: 25%.
- In any case, They can be compensated in the tax period to the amount of 1 Million euros. Here the negative tax bases are excluded under compensation with income of removes or waiting agreed with the unrealized creditors.
This limit will not operate in the tax period in which the extinction of the entity occurs, unless it is a restructuring operation to which the special tax regime collected in Chapter VII of Title VII of the Tax Law is applicable.
- For tax periods with a duration of less than the year, The maximum tax bases to be compensated are calculated by multiplying 1 million euros for the proportion between the duration of the tax period compared to the year.
- New creation entities will not apply the limitations to compensation in the 3 first tax periods in which a positive tax base is generated prior to compensation.
- Nor will this limitation be applied in the amount of income corresponding to the reversal of impairment losses, provided that these losses represent the 90% of the deductible expenses of the period in which they were generated.
Negative tax bases may not be compensated when:
- The majority of the share capital is acquired by linked people or entities, after the conclusion of the tax period to which the negative tax base corresponds.
- Dichas personas o entidades hayan tenido una participación por debajo al 25% en el momento de la conclusión del período impositivo al que corresponde la base imponible negativa.
- The acquired entity is in some of the following circumstances:
- That will not carry out economic activity some within 3 months prior to the acquisition.
- To do in the 2 later years a different or additional economic activity (Assignment of a different group of the CNAE) to the one previously performed, that supposed, a net amount of the business figure in those later years higher than the 50 % of the average amount of the business figure of the entity corresponding to the 2 previous years.
- That is aPatrimonial entity.
- That the entity has been discharged in the entities index for not presenting during 3 consecutive tax periods The tax declaration.
If you have doubts about the Corporation Tax, In Vázquez and Manchón, asSpecialized session in procedures with the Treasury, We can help you understand how it works and if you can benefit or not, For example, to apply such compensation.
