9.6.4 Excess positive net quota (art. 130.1 and DT 33ª.4 LIS)

Article 130.1 of the LIS establishes that deferred tax assets corresponding to the provisions referred to in article 11.12 of the LIS may be converted into a claimable credit against the tax authorities, for an amount equal to the positive net quota corresponding to the tax period in which they were generated, provided that any of the circumstances set out in article 130.2 of this Law occur.

The second paragraph of article 130.1 of the LIS establishes that when the amount of the positive net quota of a certain tax period is greater than the amount of deferred tax assets generated in the same period referred to in the previous paragraph, the entity may have the right provided for in this article, for an amount equal to the excess, with respect to those assets of the same nature generated in previous tax periods or in the 2 subsequent tax periods.

Section 4 of the thirty-third transitional provision of the LIS establishes that notwithstanding the provisions of the second paragraph of section 1 of article 130 of the LIS, the excess indicated therein will reduce, as a prior measure, the amount of the deferred tax assets in respect of which the patrimonial benefit indicated in section 2 of this provision must be satisfied.

Section 2 of the thirty-third transitional provision of the LIS establishes that in the event that the difference between the amount of deferred tax assets referred to in section 1 of said provision and the aggregate sum of the positive net quotas of this Tax, corresponding to the tax periods between 2008 and 2015 is positive, the application of the provisions of article 130 of this Law will require that the entity satisfy, with respect to said difference, the patrimonial benefit for conversion of deferred tax assets into a payable credit against the Tax Authority, in the terms established in the Thirteenth Additional Provision of this Law.

Throughout the section, it should be noted that the keys corresponding to the row "2018(*)" should only be completed if the entity has pending allocations to be integrated corresponding to a tax period beginning in 2018, prior to the one now being declared.