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V1854-19 16 July 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva de capitalización

Capitalisation reserve counts towards the calculation of equity increases

The query asks whether amounts allocated to the capitalisation reserve should be included in the calculation of the increase in equity. The DGT rules that such a reserve must be taken into account to determine both the increase and its maintenance.

The question raised

Whether the amounts allocated to the provision of the capitalization reserve must be considered for the purposes of calculating the increase in equity referred to in the aforementioned article.

The DGT's ruling

The capitalization reserve provided for under Article 25 of the LIS shall be taken into account to determine the increase in equity and its maintenance. It is not considered a reserve whose provision is imposed by a legal precept for the purposes of the exclusion provided for in Article 25.2.d) of the LIS. Therefore, it is considered part of the equity at the beginning or at the end of the fiscal year.

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