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El Supreme Court, in its Sentence 1404/2021 of November 30, determines that any company with previous negative bases in the Corporation Tax can compensate them when it deems it appropriate, even if it is done after the deadline.

The Judgment declares that compensating is not an option, but a right. Therefore, even if the taxpayer presents a negative basis compensation after the deadline, the only thing they do is exercise their right to compensate, without the Tax Agency being able to prevent it by claiming an untimely declaration.

To date, the Tax Administration, through its interpretation of article 119.3 of the LGT, rejected the compensation of negative bases in extemporaneous filings of Corporation Tax.

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