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V2446-22 ·29 November 2022 ·consulta-vinculante Medium impact
Tax

Reserve distributions do not breach equity increase requirements if the total increase amount is maintained

A query was raised regarding whether distributing dividends from voluntary reserves violates the requirement to maintain the increase in equity for the purpose of reducing the tax base. The Directorate General for Tax (DGT) ruled that the maintenance requirement refers to the total amount of the increase rather than specific line items.

In 6 key points

How it affects those involved

Companies can distribute dividends from specific reserve accounts without losing the tax benefits associated with equity increases, provided the overall equity level remains consistent with the required increase.

Lifecycle

2022-11-29PublishedPublished 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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