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V3074-15 14 October 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · factor de agotamiento

Depletion factor calculated at tax group level under special regime

A company has requested clarification on whether the tax incentive related to the depletion factor should be calculated individually or on a group basis within a tax consolidation regime. The DGT has ruled that, when applying the special consolidation regime, both the calculation and the fulfillment of requirements are determined at the tax group level.

The question raised

Question posed 1. Whether, within a tax group, the tax incentive of the depletion factor must be calculated at an individual level or at a group level.

The DGT's ruling

In the special tax consolidation regime, the calculation of the depletion factor and compliance with its requirements are determined at the tax group level. Furthermore, the amounts allocated to the depletion factor reserve cannot be applied simultaneously to the capitalization reserve. The group may reduce the taxable base for both concepts provided that the requirements for each are met at the group level.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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