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V1834-17 11 July 2017 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · consolidación fiscal

Possibility of joining a tax consolidation group for companies with equity imbalances under specific conditions

A query was raised regarding whether a company with an equity imbalance can join a tax consolidation group with effect from 2015. The DGT ruled that this is possible provided the situation is rectified before the end of the financial year in which the annual accounts are approved.

The question raised

Whether company X would be incorporated into the tax consolidation group with effects for the year 2015, provided that the situation of equity imbalance is resolved as of December 31, 2016.

The DGT's ruling

Entities in a state of equity imbalance may not be members of tax groups. However, they may be integrated if such situation is resolved before the conclusion of the financial year in which the annual accounts are approved. In the case presented, company X could be part of the group in the 2015 period if the imbalance is resolved before December 31, 2016.

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