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V0541-14 28 February 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · consolidación fiscal

Negative income from the transfer of shares in a tax consolidation group is included in the group's tax base, reduced by compensated negative tax bases

A consulting entity asks whether the loss from the transfer of shares in two companies (S3 and S4) is deductible in 2013. The DGT rules that negative income from the transfer shall be included in the group's tax base, but must be reduced by the percentage of negative tax bases of the transferred companies that have been offset within the group.

The question raised

Question raised 1. Whether the loss generated in the transfer of shares in companies S3 and S4 is deductible by the consulting entity in the 2013 fiscal year.

The DGT's ruling

Under the tax consolidation regime, negative income generated by the transfer of shares to third parties outside the group is integrated into the group's tax base. However, this amount must be reduced by the portion of the negative tax bases of the transferred entity that have been offset within the tax group. Likewise, impairments of the shares are not relevant for consolidation, as they must be eliminated both accounting-wise and tax-wise to avoid a double counting of losses.

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