How the DGT's position has evolved
Current position
The compensation of negative tax bases is subject to a limit of 70% of the taxable base, with a minimum compensation of 1 million euros. This limit does not apply to income generated during the entity's liquidation period, except in restructurings under the special regime of the LIS (Corporate Income Tax Law). Likewise, income derived from debt forgiveness (debt remissions) is excluded from the 70% limitation.
The DGT has maintained the general compensation rule but has progressively expanded the exceptions to the 70% limitation. It has moved from excluding only insolvency proceedings or specific reversions to establishing that any debt forgiveness, whether or not it occurs within insolvency proceedings, falls outside the limit. Furthermore, the exclusion of income during the entity's liquidation period has been clarified.
Turning points
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Establishes that income from debt forgiveness or deferrals is not subject to the compensation limitation and does not count towards the 1 million euro limit.
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Extends the exclusion from the 70% limitation to any type of debt forgiveness, regardless of whether it is carried out within the scope of the Insolvency Law.
Analysis based on 13 of 13 rulings with a stated position. Updated 27 September 2026.