Back to index
V0752-22 6 April 2022 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva de capitalización

The five-year unavailability period for capitalisation reserves begins from the end of the financial year

The query asks when the five-year unavailability period for capitalisation reserves starts counting. The DGT clarifies that the period begins from the close of the tax period to which the reduction corresponds.

The question raised

1) From which date must the calculation of the 5-year period during which the allocated reserve is unavailable begin? From the closing date of the fiscal year in which the tax base of the Tax has been reduced, or from the date of the accounting entry for the allocation of said reserve?

The DGT's ruling

The 5-year period of unavailability of the capitalization reserve is calculated from the close of the tax period to which the reduction corresponds. If the tax period coincides with the calendar year, the calculation begins on December 31 of said fiscal year.

Book your free first meeting