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V1202-23 ·9 May 2023 ·consulta-vinculante Medium impact
Tax

Unavailable reserve and portion of capital gains under the general regime must be included in the tax base

A shipping company has requested clarification on how to calculate positive income from the sale of a vessel after having taxed under both the tonnage regime and the general regime. The DGT rules that the unavailable reserve and the difference in income proportional to the period taxed under the general regime must be included in the tax base.

In 6 key points

How it affects those involved

This ruling clarifies the tax treatment for shipping companies transitioning between tax regimes, ensuring that capital gains are correctly calculated by incorporating the unavailable reserve and the proportional income subject to the general regime.

Lifecycle

2023-05-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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