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V4962-16 15 November 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva de capitalización

Capitalisation reserve in fiscal groups refers to the group and any entity may make the provision

A query on how to apply the capitalisation reserve in consolidated fiscal groups and its calculation. The DGT clarifies that the reserve applies to the fiscal group, how increases in shareholders' funds are calculated, and which entity must make the provision.

The question raised

Capitalization reserve:

The DGT's ruling

In tax consolidation, the capitalization reserve refers to the tax group, and its calculation is performed by summing the equity of the constituent companies without performing eliminations or incorporations. The allocation to the reserve may be carried out by any entity within the group, and it is not necessary for it to be the representative entity or the one that generated the increase. The maintenance of the increase in equity must be complied with by the entity that generated it, whereas the maintenance of the unavailable reserve must remain within the tax group. For its application, if the tax group's taxable base is negative or zero, the reduction cannot be applied even if an individual company has a positive taxable base.

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