MADRID, 10 Mar. (EUROPA PRESS) –
The PSOE has registered an amendment to the anti-crisis decree to urgently reform the Corporate Tax in order to compensate for the revenue loss that may result from the recent ruling of the Constitutional Court that has declared the partial nullity of the reform of this tax that led to out the former Minister of Finance, Cristóbal Montoro.
Specifically, the limitation of the compensation of tax bases on negative results for companies with a turnover greater than 20 million euros, the limitation of deductions for double taxation and the obligation to integrate into the tax base the impairments of value of their tax-deductible shares by fifths in five years.
The unconstitutionality, however, was determined because these measures were introduced by means of a decree law and the Court considered that this legislative instrument was not “adequate” to undertake the reform.
Now, the PSOE wants to take advantage of the processing of the anti-crisis decree as a project to introduce an amendment to the text and reverse the effects of the ruling. “It is essential to alleviate the revenue loss derived from the expulsion of the aforementioned regulations from the legal system,” the socialists justify in their modification proposal collected by Europa Press.
To this end, the main government party wants to introduce an additional provision to the Corporate Tax Law to recover the limit on the compensation of negative tax bases for companies with a turnover of at least 20 million euros.
Also a new limit on the application of deductions for international or internal double taxation, generated or pending compensation, with the aim of ensuring that, in those tax periods in which there is a positive tax base, the application of tax credits, by the large companies, do not cancel the differential fee to be entered.
On the other hand, the PSOE proposes to extend the measure to 2024 so that business or tax consolidation groups cannot include in their declaration 50% of the negative individual tax bases of the entities that make up said tax group.
In exchange, the Socialist Group proposes that these individual bases not included in 2024 be integrated in tenths into the tax base of the tax group in successive years starting on January 1, 2025.
Finally, the PSOE seeks to once again force the impairment of value of tax-deductible shares to be included in the tax base.
This would affect the impairment of shares that were tax deductible in tax periods beginning before January 1, 2013 and that are pending reversal. This should be done in the tax base of the first tax period that begins on or after January 1, 2024.
