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V4248-16 4 October 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · ajuste de signo contrario

Opposite-sign adjustment for dividends may be applied in the period when transfer is proven

A query was raised regarding the tax period in which the adjustment provided for in Article 95.2 of the TRLIS for received dividends should be applied. The DGT responds that the adjustment may be made at the time of extinction or prior to it, if the transfer of the shareholding by the partners is proven.

The question raised

1. In which tax period is the adjustment provided for in Article 95.2 of the consolidated text of the Corporate Income Tax Law applicable by C for the dividends received in 2012, taking into account that it is in 2013 when the previous holders of the shareholding in E transferred their shareholding in C and integrated the corresponding capital gain into their respective tax bases.

The DGT's ruling

The opposite-sign adjustment under Article 95.2 of the TRLIS is carried out at the time of the extinction of the acquiring entity or at an earlier time if the transfer of the shareholding by the partners is proven. Said adjustment may be applied in the tax period in which the aforementioned proof is obtained. The adjustment must correspond to the income integrated by the partners in their tax base to correct double taxation.

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