Do not forget that the capitalization reserve under Article 25 of the new Corporate Tax Law is a reduction of the tax base. In this sense, we may ask, what is taxable amount in the case of existence of groups of companies?
First we have to refer to is the tax group of companies under the special regime of tax consolidation regime (arts. 55-75 of the LIS) as if no tax group and there accounting group, from the fiscally it is taxed in the general scheme, and in this case, the reference is the individual tax base of each company's accounting group, which will be taxed separately. In this sense, one can see our post titled: Welcome capitalization reserve for the year 2015.
Therefore, only in those cases where there is tax group, it seems that there may be a problem in determining the tax base on which the reduction should be performed by capitalization reserve.
Consequently, if there is tax group, it is possible two ways for the tax group tribute:
1. Taxation for the General Scheme. If the group is taxed by the general scheme, then the reduction in the reserve capitalization and all that it demands as increased equity, etc, should be performed at the individual level of society concerned.
2. Taxation by the Special Tax consolidation as arts. 55 to 75 of the LIS. We will deal with this case.
If the group is taxed by the special tax consolidation regime (arts. 55-75 of the LIS), we can verify that the consolidated tax base will be made by aggregation of individual tax bases of the group companies, and this aggregation is made the deletions and additions by those results between companies in the group (intragroup) that had not been done abroad.
We can see in Article 62 of the LIS, on determining the taxable income of the tax group
1. The taxable amount of the tax group is determined by adding:
a) The individual tax bases corresponding to each and every one of the members of the tax group entities, taking into account the specialties contained in Article 63 of this Law. However, the requirements or qualifications set both the accounting standards for determining the accounting result, as in this Act to the application of any adjustments to that, under the terms set out in paragraph 3 of Article 10 of this Law shall refer to the tax group.
b) The eliminations.
c) The additions of deletions made in previous tax periods where applicable in accordance with Article 65 of this Law.
d) corresponding to the capitalization reserve provided for in Article 25 of this Law, which will refer to the tax group amounts. However, the provision of reservation will be made by any of the entities of the group.
Therefore, the first conclusion we draw is that to determine the consolidated tax base, pre-aggregation of tax bases of the group companies, will take place without the reduction that affected society might correspond by the capitalization reserve .
First we have to refer to is the tax group of companies under the special regime of tax consolidation regime (arts. 55-75 of the LIS) as if no tax group and there accounting group, from the fiscally it is taxed in the general scheme, and in this case, the reference is the individual tax base of each company's accounting group, which will be taxed separately. In this sense, one can see our post titled: Welcome capitalization reserve for the year 2015.
Therefore, only in those cases where there is tax group, it seems that there may be a problem in determining the tax base on which the reduction should be performed by capitalization reserve.
Consequently, if there is tax group, it is possible two ways for the tax group tribute:
1. Taxation for the General Scheme. If the group is taxed by the general scheme, then the reduction in the reserve capitalization and all that it demands as increased equity, etc, should be performed at the individual level of society concerned.
2. Taxation by the Special Tax consolidation as arts. 55 to 75 of the LIS. We will deal with this case.
If the group is taxed by the special tax consolidation regime (arts. 55-75 of the LIS), we can verify that the consolidated tax base will be made by aggregation of individual tax bases of the group companies, and this aggregation is made the deletions and additions by those results between companies in the group (intragroup) that had not been done abroad.
We can see in Article 62 of the LIS, on determining the taxable income of the tax group
1. The taxable amount of the tax group is determined by adding:
a) The individual tax bases corresponding to each and every one of the members of the tax group entities, taking into account the specialties contained in Article 63 of this Law. However, the requirements or qualifications set both the accounting standards for determining the accounting result, as in this Act to the application of any adjustments to that, under the terms set out in paragraph 3 of Article 10 of this Law shall refer to the tax group.
b) The eliminations.
c) The additions of deletions made in previous tax periods where applicable in accordance with Article 65 of this Law.
d) corresponding to the capitalization reserve provided for in Article 25 of this Law, which will refer to the tax group amounts. However, the provision of reservation will be made by any of the entities of the group.
Therefore, the first conclusion we draw is that to determine the consolidated tax base, pre-aggregation of tax bases of the group companies, will take place without the reduction that affected society might correspond by the capitalization reserve .