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V2188-15 15 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · deducción por inversión de beneficios

Incompatibility between the profit reinvestment deduction and freedom of depreciation for the same investment

The taxpayer asks whether they can apply the profit reinvestment deduction (Art. 37 TRLIS) after having applied freedom of depreciation (Art. 109 TRLIS) to the same investment. The DGT rules that both tax benefits are incompatible for the same investment.

The question raised

Question posed: Whether the taxpayer is entitled to the application of the deduction for reinvestment of profits regulated by Article 37 of the TRLIS, given the incompatibility established in paragraph 7 of the aforementioned article.

The DGT's ruling

In accordance with Articles 37.7 and 109.4 of the TRLIS, the deduction for reinvestment of profits is incompatible with the application of free depreciation. Therefore, the entity cannot apply both tax benefits to the same investment in new items of tangible fixed assets or real estate investments.

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