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V1836-18 22 June 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva de capitalización

The charge against reserves for retroactive goodwill amortization reduces equity for the capitalization reserve

A company within a tax consolidation group inquires whether the retroactive amortization of goodwill through a charge against reserves affects the maintenance of the equity increase required by the capitalization reserve. The DGT responds that said charge does indeed reduce equity at the close of the fiscal year and must be taken into account for the calculation of the maintenance of the increase.

The question raised

Question posed 1. Whether the consideration of the charge against reserves derived from the retroactive amortization of goodwill as an accounting expense for the 2016 fiscal year should not be taken into account for the purposes of considering the maintenance of the equity increase considered in the application of the capitalization reserve for the 2015 fiscal year as breached.

The DGT's ruling

The charge against reserves for the retroactive amortization of goodwill results in a lower amount of equity at the close of the fiscal year, and therefore must be included in the calculation of the maintenance of the equity increase. The maintenance requirement refers to the global amount of the increase and not to specific items, provided that the difference between the equity at the close (excluding results) and at the beginning (excluding the previous year's results) is equal to or greater than the original increase. The reclassification of the goodwill reserve to voluntary reserves will result in a higher amount of equity to be taken into account.

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