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V3215-21 27 December 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · bases imponibles negativas

Negative taxable bases can be offset against non-exempt dividends

A company with holdings above 5% asks whether it can offset its negative taxable bases against the 5% of dividends that are not exempt. The DGT responds that taxable base is determined under Articles 10 and 21 of the LIS, and offsetting is governed by Article 26 and the fifteenth additional provision.

The question raised

Whether the negative tax bases from previous fiscal years could be offset against the 5% of dividends received subject to taxation in accordance with the provisions of Article 21 of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

The tax base shall be calculated by applying the provisions of the LIS, including the dividend exemption under Article 21, which reduces the amount by 5% as management expenses. Negative tax bases may be offset against positive income in accordance with the limits and rules established in Article 26 and in the fifteenth additional provision of the LIS.

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