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V4140-15 28 December 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · activos por impuesto diferido

Deferred tax assets generated before 2008 are not subject to wealth contribution tax

An entity has requested clarification regarding the tax treatment of deferred tax assets following the 2016 Budget Law. The DGT clarifies when wealth contribution tax must be paid and how these assets should be integrated into the taxable base.

The question raised

Described in the body of the response.

The DGT's ruling

Deferred tax assets generated before January 1, 2008, are not subject to the payment of the wealth contribution, although they retain the right to conversion. The contribution is calculated by applying 1.5% to the positive difference between the net generation of assets (2008-2015) and the sum of the positive net quotas for that period. Integration into the tax base follows a specific order: first, assets without the right to conversion; then, those subject to the wealth contribution; next, those generated before 2008 or without an obligation to pay; and finally, those generated from 2016 onwards.

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