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Unavailable Reserve: DGT doctrinal evolution

How the DGT's position on this topic has evolved, and the rulings it rests on.

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How the DGT's position has evolved

Settled doctrine High confidence 9 rulings · 2016–2023

Current position

The increase in equity for the reduction of the tax base is calculated as the positive difference between the equity at the close of the fiscal year (excluding the results of said year) and at the beginning (excluding the results of the previous fiscal year). Contributions from partners and capital increases are not included. In the event of the transfer of vessels, the unavailable reserve under Article 114.2 of Law 27/2014 on the Corporate Tax (LIS) must be included in the tax base.

The DGT's position remains constant regarding the definition of the elements that constitute an increase in equity, excluding contributions from partners. The methods for calculating said increase and the tax consequences of the transfer of vessels regarding the inclusion of the unavailable reserve have been specified.

Turning points

  1. V2491-22

    Clarifies that partner contributions resulting from a capital increase do not generate the right to a reduction of the tax base.

  2. V2506-22

    Establishes that the increase is calculated as the difference between equity at the close and at the beginning, excluding the results of both fiscal years.

Analysis based on 7 of 9 rulings with a stated position. Updated 29 September 2026.

Rulings on this topic

9

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