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V2475-22 30 November 2022 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva de capitalización

Equity components may be used provided the total amount of the increase is maintained

A query was raised regarding whether dividend distributions or the existence of accounting losses breach the requirement to maintain the increase in equity for the capitalisation reserve. The DGT ruled that maintenance refers to the total amount of the increase rather than specific equity items.

The DGT's ruling

The requirement to maintain the increase in equity refers to the global amount and not to each of the individual items that compose it. The disposal of specific concepts does not breach the requirement if the amount of the increase is maintained on a global basis. To verify compliance, the difference between the equity at the close and at the beginning (excluding results) must be equal to or greater than the increase that originated the reduction. The existence of accounting losses shall not result in a lower amount of equity for the purposes of determining this maintenance.

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