{"id":64473,"date":"2016-12-09T08:29:42","date_gmt":"2016-12-09T07:29:42","guid":{"rendered":"http:\/\/aseryde.com\/?p=64473"},"modified":"2016-12-09T08:29:42","modified_gmt":"2016-12-09T07:29:42","slug":"novedades-impuesto-de-sociedades-2017","status":"publish","type":"post","link":"https:\/\/aseryde.com\/en\/novedades-impuesto-de-sociedades-2017\/","title":{"rendered":"Novelties in the Corporate Tax for the year 2017"},"content":{"rendered":"

Continuing with the information that we have been providing you regarding the novelties introduced by RDL 3\/2016, of December 2, which adopts measures in the tax field aimed at consolidating public finances and other urgent measures in social matters. , published in the BOE of December 3, we refer today to those that affect Corporation Tax.<\/span><\/p>\n

. <\/span><\/p>\n

Amendments to the LIS with effect for tax periods beginning on or after January 1, 2016.<\/strong><\/p>\n


\n<\/span>For tax periods beginning on or after January 1, 2016, the Real\u00a0<\/span>Decree-Law 3\/2016, in its article 3. First, it introduces the following new features:<\/span>
\n<\/span>Adds a Fifteenth Additional Provision to Law 27\/2014 of Tax on\u00a0<\/span>Companies (hereinafter LIS), in order to ensure that, in those periods <\/span>where there is a positive tax base generated, the application of credits<\/span>
\n<\/span>taxes, when reducing the tax base or the total quota, do not reduce the amount to be paid in your\u00a0<\/span>whole. This new DA 15th LIS introduces the following most important innovations:<\/span>
\n<\/span>\u2013 Limitation to the compensation of Negative Taxable Bases of exercises\u00a0<\/span>above for large companies in the following percentages:<\/span>
\n<\/span> Companies with a net turnover of more than 60 million\u00a0<\/span>euros, 25 per 100;<\/span>
\n<\/span> Companies with net turnover between 20 and 60 million, 50\u00a0<\/span>per 100.<\/span>
\n<\/span>\u2013 new limit for the application of deductions for double taxation generated or\u00a0<\/span>pending compensation, which is estimated at 50 per 100 of the full fee.<\/span>
\n<\/span>Modifies the Sixteenth Transitory Provision LIS, where it is provided that the\u00a0<\/span>reversal of losses due to impairment of participations that resulted\u00a0<\/span>tax deductible in tax periods prior to 2013 and that from that date\u00a0<\/span>are not, it must be made for a minimum annual amount, on a straight-line basis during\u00a0<\/span>five years.<\/span>
\n<\/span>It is worth remembering the existing tax treatment in relation to the impairment of\u00a0<\/span>shares. These impairments record in the accounting field the loss expected in the\u00a0<\/span>investor due to the decrease in the recoverable amount of the interest held with respect to\u00a0<\/span>of its acquisition value, without that loss having been realized. The incorporation <\/span>of income in the taxable base of the Corporate Tax is currently built\u00a0<\/span>on the principle of realization, so that the impairment of value of participations\u00a0<\/span>in entities are not tax deductible since 2013, although those impairments\u00a0<\/span>that were previously registered and reduced the tax base, maintain a\u00a0<\/span>temporary reversion regime. All of this leads us to this widening measure\u00a0<\/span>of the tax base, which consists of a new reversal mechanism of those\u00a0<\/span>impairment of shares that were tax deductible in periods\u00a0<\/span>prior to 2013. This reversal is made for a minimum annual amount of\u00a0<\/span>linearly for five years. This royal decree-law establishes the incorporation<\/span>
\n<\/span>of the aforementioned impairments, as a minimum amount, notwithstanding that\u00a0<\/span>higher reversals result from the rules of general application, taking into account\u00a0<\/span>that these are estimated and unrealized losses that reduced the tax base of\u00a0<\/span>Spanish entities.<\/span><\/p>\n


\n<\/span> Amendments to the LIS with effect for tax periods beginning on or after January 1, 2017.<\/strong><\/p>\n


\n<\/span>For tax periods beginning on or after January 1, 2017, the Real\u00a0<\/span>Decree-Law 3\/2016, in its article 3. Second, it establishes the non-deductibility of the\u00a0<\/span>Losses made on the transfer of shares in entities provided that<\/span>
\n<\/span>in the case of shares with the right to exemption in positive income\u00a0<\/span>obtained, both in dividends and capital gains generated in the transfer of\u00a0<\/span>shares.<\/span>
\n<\/span>Likewise, any type of loss is excluded from integration in the tax base.\u00a0<\/span>generated by participation in entities located in tax havens or in\u00a0<\/span>territories that do not reach an adequate level of taxation.<\/span>
\n<\/span>In these cases, taking into account comparative law and the evolution of the\u00a0<\/span>regulatory proposals made by the European Union, it is advisable to adapt to\u00a0<\/span>to the analogous ones foreseen in neighboring countries, ruling out the incorporation of<\/span>
\n<\/span>any income, positive or negative, that may be generated by holding shares in\u00a0<\/span>other entities, through a true exemption regime.<\/span>
\n<\/span>For this reason, Royal Decree-Law 3\/2016 modifies the LIS in the following points:<\/span>
\n<\/span>\u2013 Modifies article 11.10 LIS.<\/span>
\n<\/span>\u2013 Article 11.11 LIS is repealed.<\/span>
\n<\/span>\u2013 Article 13.2 LIS is amended.<\/span>
\n<\/span>\u2013 Letters k) and l) are added to article 15 LIS.<\/span>
\n<\/span>\u2013 Article 17.1 LIS is amended.<\/span>
\n<\/span>\u2013 Article 21 LIS is modified.<\/span>
\n<\/span>\u2013 Article 22 LIS is amended.<\/span>
\n<\/span>\u2013 Article 31 LIS is amended.<\/span>
\n<\/span>\u2013 Sections 6 and 7 of article 32 LIS are repealed.<\/span>
\n<\/span>\u2013 Article 88 LIS is amended. <\/span>
\n<\/span>
\n<\/span> Amendments to Law 20\/1990 on the tax regime of cooperatives, with effect for tax periods beginning on January 1, 2016.<\/strong><\/p>\n


\n<\/span>For tax periods beginning on or after January 1, 2016, the Real\u00a0<\/span>Decree-Law 3\/2016, in its article 1, adds an Eighth Additional Provision to the Law\u00a0<\/span>20\/1990 on the Tax Regime of cooperatives to set the limits applicable to the<\/span>
\n<\/span>compensation of negative tax contributions:<\/span>
\n<\/span>In the case of cooperatives whose net turnover is at least 20\u00a0<\/span>million euros during the 12 months prior to the date on which the period begins\u00a0<\/span>tax, the limit established in section 1 of article 24 of this Law will be replaced\u00a0<\/span>by the following:<\/span>
\n<\/span>\u2013 50 percent, when in the aforementioned 12 months the net amount of the amount of\u00a0<\/span>business is at least 20 million euros but less than 60 million euros.<\/span>
\n<\/span>\u2013 25 percent, when in the aforementioned 12 months the net amount of the figure of\u00a0<\/span>business is at least 60 million euros.<\/span><\/p>\n


\nAmendments to Law 11\/2009 regulating Listed Investment Companies in the Real Estate Market, with effect for tax periods beginning on January 1, 2017.<\/strong><\/p>\n


\n<\/span>For tax periods beginning on or after January 1, 2017, the Real\u00a0<\/span>Decree-Law 3\/2016, in its article 2, modifies letter a) of article 10.2 of the Law\u00a0<\/span>11\/2009 of SOCIMIs, and indicates that when the transferor or recipient is a<\/span>
\n<\/span>taxpayer of Corporate Tax or Income Tax of not\u00a0<\/span>Residents with a permanent establishment, the exemption will not apply\u00a0<\/span>established in article 21 LIS in relation to the positive income obtained.<\/span><\/p>\n

For any information regarding tax news for 2017 that may affect your business, contact us through the Contact Form<\/a> and our tax experts will contact you.<\/p>","protected":false},"excerpt":{"rendered":"

Continuing with the information we have been providing you regarding the new developments introduced by Royal Decree-Law 3\/2016, of December 2, which adopts tax measures aimed at consolidating public finances and other urgent social measures, published in the Official State Gazette (BOE) on December 3, [\u2026]<\/p>","protected":false},"author":2,"featured_media":64474,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-64473","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/64473","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=64473"}],"version-history":[{"count":0,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/64473\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/64474"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=64473"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=64473"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=64473"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}