Reversal of impairments of investments and income generated in the transmission of permanent establishments. RDL 3/2016 art.3.primero.dos, BOE 03/12/16

This reversal is integrated, at most, by a minimum annual amount, linearly in the tax base corresponding to each of the first five tax periods beginning on or after 01/01/2016.

If in any of these tax periods occurs that the reversal amount is higher than that mentioned in the previous paragraph by application of the general transitional regime, the remaining balance shall be divided equally among the remaining tax periods.

On the other hand, if the transfer of such securities occurs during the aforementioned tax periods, the outstanding amounts of reverse should be included in the tax base for the tax period in which it occurs, with the limit of positive income derived from such transmission (Corporate Tax Act, transitional provision 16.3 RDL 3/2016).

In the event of a transmission of a permanent establishment (PE) that had obtained abroad deductible negative income generated prior to 01/01/2013 , the amount to be included in the taxable income of the transferor resident in Spain is modified, effective for tax periods beginning on or after 01/01/2016.

This amount should be increased by the amount in excess of net negative income generated by this EP in the tax periods beginning prior to 01/01/2013 on net positive income generated in tax periods beginning on or after this date, with the limit of positive income derived from transmission (Corporate Tax Act, transitional provision 16.5 RDL 3/2016).