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V1940-19 ·23 July 2019 ·consulta-vinculante Medium impact
Tax

Remission of penalties is not included in the tax base if the original expense was non-deductible

A query was raised regarding whether income from a 50% remission of penalties, previously recorded as an expense, must be included in the tax base. The DGT ruled that since the penalties were non-deductible, their reversal is not subject to tax.

In 6 key points

How it affects those involved

This ruling clarifies that the reversal of non-deductible expenses does not constitute taxable income, providing legal certainty for companies undergoing debt restructuring or penalty remissions.

Lifecycle

2019-07-23PublishedPublished 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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