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V1954-15 19 June 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · consolidación fiscal

Negative profits from intra-group share transfers deferred until exit or transfer to third parties

The query asks when negative profits from share transfers causing a company's exit from a fiscal group should be included. The DGT responds that negative profits are not included in the transfer period when shares are transferred between group entities, but only when shares are transferred to third parties outside the group or when the entity ceases to belong to the group.

The question raised

Question posed - Whether, as a consequence of the transfer of shares of the companies dependent on X, an exclusion or exit from the tax group occurs, requiring the incorporation of the eliminations of impairments made in previous financial years. Specifically, the tax period in which the incorporations must be carried out.

The DGT's ruling

If the transfer of shares occurs between entities within the same business group, negative income is not integrated into the period of the transfer pursuant to Article 19.11 of the TRLIS. This integration is deferred until the assets are transferred to third parties outside the group or the entities cease to belong to the same business group. In the event of the loss of the tax consolidation regime, the pending eliminations are to be integrated into the group's tax base in its final tax period.

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