When making the declaration, it is necessary to attend to the limitations and relate the balances and, in addition, the tax base has two phases to be taken into account by the taxpayer.
The income obtained by the taxpayer throughout the tax period is ordered according to its origin or source, in three tax categories: income, allocation of income and capital gains and losses.
The net returns are obtained by the difference between the computable income and the deductible expenses, without prejudice to the application of the reductions on the full or net return that, where appropriate, correspond.
Income allocations are quantified by directly applying the criteria and rules established by law. And the capital gains and losses are determined, in general, by the difference between the transmission and acquisition values.
However, for the purposes of calculating the tax, the taxpayer’s income in the tax period is classified as general income and savings income.
As a previous step to calculating the tax, the positive and negative amounts of the taxpayer’s income must be integrated and compensated.
The integration and compensation of the income is carried out within each of the groups in which they are classified: general income and savings income, in accordance with the rules and principles that are discussed below, without any integration and compensation being possible. between the incomes that make up each of these groups.
general income
Thus, in the general income we will include what comes from income from work, from real estate, from movable capital -exclusively those provided for in section 4 of article 25 of the Personal Income Tax Law, such as those derived from intellectual property, the provision of technical assistance, the leasing of personal property, businesses or mines or sublease and the transfer of the right to exploit the image- and those obtained through the development of economic activities.
Also part of this general income are real estate income allocations, international tax transparency, transfer of image rights, collective investment institutions set up in tax havens, Spanish and European economic interest groups, and unions temporary companies.
And, finally, we will include the equity gains and losses obtained in 2021, which do not derive from the transfer of equity elements.
savings income
Savings income is made up of income from movable capital and capital gains and losses revealed on the occasion of the transfer of assets.
In the first case, in the case of income from movable capital, we include those derived from the participation of own funds of any type of entity, those obtained by the transfer of own capital to third parties, those from capitalization operations and life or disability insurance contracts and the income derived from the taxation of capital.
However, the returns on movable capital corresponding to the excess of the amount of own capital assigned to a related entity with respect to the result of multiplying by three the own funds, in the part that corresponds to the taxpayer’s participation, are part of the general income. of the latter.
In this regard, it is necessary to take into account in the cases in which the relationship is defined based on the relationship of the partners or participants with the entity, the participation must be equal to or greater than 25%.
The capital gains and losses that become apparent on the occasion of transfers of capital assets, regardless of the generation period, must be included in this savings base.
The integration and compensation of income in the general tax base has two different phases. The purpose of the first is to determine the general tax base obtained in 2021 and, the second, to offset the negative items obtained in the same period or in previous years that are pending compensation.
Earnings from previous years
To make the declaration, it is necessary to differentiate between the rules established for the integration and compensation of income obtained in the tax period itself and those established for the compensation of items from previous years.
General base operations
The net yields are integrated and compensate each other without limits, giving a total positive or negative balance.
For 2021, the negative balance of capital gains from the savings tax base for the year will be offset by the positive balance of capital gains and losses that are part of the savings tax base, obtained in the same tax period, with the limit of 25% of said positive balance.
In the same way, the negative balance of capital gains and losses from the savings tax base will be compensated with the positive balance of the capital gains from the savings base, obtained in the same tax period, with the limit of 25%. of said positive balance.
In the case of capital gains and losses that do not derive from transfers of elements, we will integrate them and compensate them exclusively among themselves, with a positive or negative balance result.
In the first case, if it is positive, we integrate it into the general tax base.
If it is negative, we must compensate it with the positive balance of yields and allocations of income obtained in the tax period, with a maximum limit of 25% of this positive balance.
As it is that the rest that we have left over, that we have not compensated, we can save it to compensate it in the following four years, following the order established in the Personal Income Tax Law.
Thus, in the first place, we will focus on the positive balance of the capital gains and losses of this same group that may have been obtained in 2021.
On the other hand, with the positive balance of income and income allocations, once the balance has been reduced by offsetting the negative balance, if any, of capital gains and losses obtained in the year.
The compensation of the negative balances of capital gains and losses for the year and of previous years pending compensation, may not jointly exceed the limit of 25% of the positive balance of the yields and income allocations before said compensations.
Compensation is made in the maximum amount that each of the following years allows and in no case can this compensation be made outside this period of four years by accumulating capital losses from years that are later.
General operations
The negative items from previous years pending compensation may therefore be the negative net balances of capital gains and losses not derived from transfers of assets corresponding to the years 2016, 2017 and 2018 and 2019. And, on the other hand, of the negative net balances of the general tax base of capital gains and losses of 2021.
In the first case, on the negative items from previous years pending compensation, the balances are offset in the manner provided for the offsetting of the negative balance of capital gains and losses, for which first of all, it is offset with the balance positive net of capital gains and losses obtained in the 2021 financial year itself, up to the maximum amount of said balance.
Secondly, we will compensate it with the positive balance of the yields and allocations of income, once said balance has been reduced by the compensation of the negative balance, if any, of capital gains and losses obtained in the year.
The compensation of the negative balances of capital gains and losses for the year and of previous years pending compensation may not jointly exceed the limit of 25% of the positive balance of the yields and income allocations before said compensations.
With regard to the negative net balances of the general tax base of capital gains and losses corresponding to 2021, we must proceed to differentiate between the part of the negative balance that does not come from capital transfers, which we will compensate in the same way that we have explained in the two balances of the previous paragraph.
Meanwhile, the part of the negative balance derived from the transfer of assets with a generation period equal to or less than one year is offset by the positive balance, corresponding to 2021, of the capital gains and losses to be included in the tax base of savings. , according to the integration and compensation rules in the savings tax base.
Operations on savings
The integration and compensation of income in the savings tax base is carried out in the same way as for the general base. For this reason, there are also two different phases: the first to determine the tax base of the savings obtained in 2021 and, the second, to compensate with the positive balance that we have obtained, the negative items from previous years that are pending compensation.
Previous negative items
Among the negative items from previous years pending compensation as of January 1, 2021, the negative balances of returns on movable capital and the negative balances of capital gains and losses stand out.
These balances also include negative net balances of capital gains and losses for the year 2014 derived from the transfer of assets acquired one year or less before the date of their transfer.
Regarding these last balances, it must be taken into account that these capital gains and losses formed part, according to the regulations in force in that year, of the general income and were integrated and offset in the general tax base.
However, with the reform of the Income Tax Law of 2014, the amounts that remain pending compensation as of January 1, start to be compensated from that date as capital gains and losses for the year to be integrated based on savings.
Balance compensation
The positive balance of income from movable capital for the year 2021, once said balance has been reduced by the compensation of capital losses corresponding to the year 2021, will be compensated by the taxpayer with the balance of the negative income from movable capital pending compensation for the years 2017. , 2018, 2019 and 2020.
In relation to the latter, you must take into account that it includes all the negative returns on movable capital pending compensation for the years 2017, 2018, 2019 and 2020, including those derived from subordinated debt or preferred shares, since such income does not result from application of the special compensation rule of the thirty-ninth additional provision of the Personal Income Tax Law, but the…
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