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V0434-15 4 February 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · activos por impuesto diferido

Deferred tax assets integration governed by taxable base limits based on transaction volume

A bank asks how to integrate deferred tax assets arising from credit impairment provisions into its taxable base. The DGT clarifies that integration shall take place within the limits of the taxable base set out in current regulations, even if the credit institution loses its banking licence.

The question raised

1. Whether, given that deferred tax assets have been generated in the manner indicated, the application of the tax regime established in Article 19.13 and in the twenty-second additional provision of the consolidated text of the Corporate Income Tax Law proceeds (i) at the time when the tax adjustments that gave rise to said deferred tax assets are recovered and (ii) regarding the total amount of positive temporary adjustments pending recovery, which gave rise to the accounting recognition of a deferred tax asset.

The DGT's ruling

The inclusion in the tax base of provisions for impairment of loans that generated deferred tax assets shall take place when the circumstances determining their tax deductibility occur. This inclusion shall be subject to the limits of the positive tax base prior to its inclusion and to the compensation of negative tax bases, or to the specific percentages according to the volume of operations. If the entity ceases to be a credit institution, the inclusion of existing assets shall continue to be carried out as established in Article 19.13 of the TRLIS.

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