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A fishing company has requested clarification on whether aid received for the permanent cessation of its activity should be included in its taxable base. The Directorate General for Taxes (DGT) has ruled that such aid is not taxable, provided the tax loss resulting from the scrapping of the vessel is taken into account.
Cuestión planteada Si de acuerdo con la Disposición Adicional tercera de la Ley del Impuesto sobre Sociedades puede considerarse que dicha ayuda no debe integrarse en base imponible.
Las ayudas de la política pesquera comunitaria por paralización definitiva no se integran en la base imponible. Para calcular la renta exenta, se debe restar el importe de las pérdidas patrimoniales en los elementos afectos. Si la pérdida por desguace es mayor que la ayuda, la diferencia negativa puede integrarse en la base imponible.
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