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V3265-14 4 December 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · amortización

Companies in a group must aggregate their turnover to determine amortisation limits

The DGT confirms that a public corporation and its 100% subsidiary constitute a group under Commercial Code rules and must combine their turnover to assess whether it exceeds 10 million euros.

The question raised

Question raised 1. Whether, for the purposes of the limitation on the deductibility of depreciation provided for in Article 7 of Law 16/2012 and the fulfillment of the requirements relating to the net turnover referred to in this rule, entity A and its wholly owned subsidiary, entity B, constitute a group.

The DGT's ruling

A group exists when one company holds control over another, regardless of the obligation to prepare consolidated accounts. To apply the limitation on depreciation, the net amount of the turnover of the entire group of entities must be calculated. In this calculation, internal transactions carried out between the group entities must not be eliminated.

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