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V1625-15 26 May 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · quitas y esperas

Imputation of income for delays and waits required by financial expense records

A company inquired whether it could avoid the temporary imputation of income for delays and waits under its creditors' agreement. The DGT confirms that the special imputation rule in article 19.14 of the TRLIS must be applied.

The question raised

1. Regarding the tax liability consisting of the obligation to include the portion of income derived from the debt waivers and moratoria approved in the taxpayer's insolvency proceedings, which would have been deferred pursuant to Article 19.14 of the consolidated text of the Corporate Income Tax Law, the question arises as to whether it would be possible for the taxpayer to opt not to apply the rule of temporal imputation of said article in the 2015 financial year.

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