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V0882-16 9 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · amortización

Tax deductibility in 2015 of the net book value of warehouses whose new useful life under the LIS has already expired

A company has enquired whether it can fully write off the tax net value of its warehouses in 2015 due to changes in the coefficients under the new Corporate Income Tax Law (LIS). The DGT rules that if the new maximum useful life has already expired by the start of 2015, the accounting expense for the net value of said assets shall be tax deductible.

The question raised

Whether it is possible to fully depreciate that existing net tax value at the beginning of the 2015 fiscal year, and whether the aforementioned depreciation will be considered effective depreciation and will be fully deductible in the Corporate Tax settlement corresponding to the 2015 fiscal year. Otherwise, what the procedure to follow should be.

The DGT's ruling

If the new maximum useful life of the assets has already ended by January 1, 2015, the expense recorded in the accounts for the net value of the assets shall be deductible in the 2015 fiscal year. To this end, the thirteenth transitional provision of the LIS is applied, which regulates the depreciation of assets with coefficients different from those in the new table. In the event that the limitation of Law 16/2012 were applied, the net tax value shall coincide with the net book value for these purposes.

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