Skip to content
Back to index
V1677-18 13 June 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · bases imponibles negativas

Limitations on the offsetting of tax loss carryforwards apply as of 2015

A query is made as to whether the restrictions on offsetting tax loss carryforwards following the acquisition of shares apply to acquisitions made in 2014. The DGT responds that these limitations operate for tax periods beginning on or after January 1, 2015.

The question raised

Question posed: Whether tax loss carryforwards may be offset given that the purchase and sale of the shares occurred in 2014 and not in 2015, when the Law entered into force.

The DGT's ruling

The limitation on the offsetting of tax loss carryforwards under Article 26.4 of the LIS is applicable to tax periods beginning on or after January 1, 2015. This applies provided that there are tax loss carryforwards pending to be offset in said periods, regardless of whether the requirements or conditions triggering the limitation occurred in periods prior to that date.

Email
Contact