9.6.2 Deferred tax assets (DTA). Art. 130 LIS

As established in article 130.1 of the LIS for tax periods beginning on or after January 1, 2016, deferred tax assets corresponding to the provisions referred to in article 11.12 of the LIS may be converted into a claim against the tax authorities, for an amount equal to the positive net amount corresponding to the tax period in which they were generated, provided that any of the circumstances indicated in article 130.2 of the LIS occur:

That the taxpayer records accounting losses in its annual accounts, audited and approved by the corresponding body.

In this case, the amount of deferred tax assets subject to conversion will be determined by the result of applying to the total thereof the percentage that represents the accounting losses for the year with respect to the sum of capital and reserves.
That the entity is subject to liquidation or judicially declared insolvency.

When the amount of the positive net tax of a given 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.

Deferred tax assets for the right to offset negative tax bases in subsequent years will also become a claim against the tax authorities, when they are the result of integrating into the tax base the provisions for impairment of credits or other assets derived from possible insolvencies of debtors, as well as the provisions or contributions to social security systems and, where applicable, early retirement, which generated the deferred tax assets referred to in the first paragraph of this section.

The conversion of the deferred tax assets referred to in this section into a claim against the Tax Authority will occur at the time of filing the Corporate Tax return corresponding to the tax period in which the circumstances indicated above occurred.

This conversion will determine that the taxpayer may choose to request payment from the Tax Authority or to offset said credits with other tax debts of a state nature that the taxpayer himself generates from the moment of the conversion, in accordance with the procedure and within the period established in article 69 of RIS .

On the other hand, deferred tax assets may be exchanged for Public Debt securities, once the period of eighteen years has elapsed, computed from the last day of the tax period in which the accounting record of such assets occurs.

In relation to taxpayers who apply the provisions of this article 130 of the LIS, section 6 has been introduced, which establishes for these taxpayers the obligation to provide the following information:

Total amount of deferred tax assets corresponding to provisions for impairment of credits or other assets arising from possible insolvencies of debtors not related to the taxpayer, not owed to public law entities and whose deductibility does not occur by application of the provisions of article 13.1.a) of the LIS, as well as those derived from the application of sections 1 and 2 of article 14 of the LIS, corresponding to provisions or contributions to social security systems and, where applicable, early retirement.
Total amount and year of generation of the deferred tax assets referred to in letter a) above with respect to which the entity has the right established in this article, specifying those referred to, where applicable, in the second paragraph of section 1 above.
Total amount and year of generation of the deferred tax assets referred to in letter a) above with respect to which the entity does not have the right established in this article.

To comply with this obligation, taxpayers must complete this section called "Deferred Tax Assets (AID)." Art. 130 LIS» on page 20 ter of form 200, as explained below.