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V5459-16 27 December 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · ajustes de signo contrario

Negative adjustments for intangible assets may be made following the transfer of an interest in an entity

The taxpayer asks whether negative extra-accounting adjustments can be applied to amortise intangible assets after transferring 31% of their capital. The DGT rules that, once the transfer of the interest is proven, adjustments of the opposite sign may be made in proportion to the percentage transferred.

The question raised

Whether the consulting entity may include in the tax base the negative extra-accounting adjustments provided for in Article 88 of Law 27/2014 and, therefore, tax-depreciate the entity's intangibles, considering the accounting at fair value and the transfer of 31% of the entity's capital. Method of applying the reversal of the adjustment.

The DGT's ruling

If the transfer of the shareholding by the partner is proven, the entity may make adjustments of the opposite sign to those previously made. These negative adjustments shall be applied proportionally to the percentage of the shareholding transferred and shall be included in the tax base along with the depreciation or transfer of the assets. The calculation of the deduction or depreciation shall follow the rules of Articles 12.2, 13.3 and the thirty-fifth transitional provision of the LIS.

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