Skip to content
Back to index
V1572-19 25 June 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva de capitalización

Capitalisation reserve reduction cannot be applied if profits are used to offset losses

The taxpayer inquired whether the 10% reduction for an increase in equity could be applied when it is not possible to allocate funds to an unavailable reserve because the profit must be used to offset losses from previous years. The Directorate-General for Taxes (DGT) ruled that this portion of the profit does not count as an increase in equity.

The question raised

Considering the impossibility for the taxpayer to allocate to the unavailable reserve, whether the reduction for capitalization reserve established in Article 25 of Law 27/2014, of November 27, on Corporate Income Tax, could be applied, given that the reason why the aforementioned unavailable reserve could not be allocated is the existence of losses from previous financial years and the legal obligation to allocate the positive result obtained to the compensation thereof.

The DGT's ruling

The portion of the profit that must be allocated by legal obligation to the compensation of losses from previous financial years is considered a legal reserve. Therefore, said portion is not taken into account when determining the increase in equity at the beginning and end of the tax period. Consequently, no right to the reduction provided for in Article 25 of the LIS is generated for that amount.

Book your free first meeting