The positive difference between capital gains and losses realised through the transfer of tangible fixed assets, intangible assets and non-consumable biological assets, held for a period of at least one year, may be considered for half of its value.
In case of partial reinvestment of the sale value, the benefit applies proportionately.
It is not applicable to intangible assets acquired or sold to related entities.
Investment properties, even if recognised in the accounts as tangible fixed assets, are not susceptible of benefiting from this regime.
In case of partial reinvestment of the sale value, the benefit applies proportionately.
It is not applicable to intangible assets acquired or sold to related entities.
Investment properties, even if recognised in the accounts as tangible fixed assets, are not susceptible of benefiting from this regime.
Requirements
- The sale value corresponding to the totality of these assets is reinvested in the acquisition, production or construction of tangible fixed assets, intangible assets or non-consumable biological assets, in the previous tax year, in the tax year in which the transfer occurs or in the two following tax years;
- The assets in which the sale value is reinvested are not assets being used by a Personal Income Tax (IRS)/Corporate Income Tax (IRC) taxable person; they are held for a period of at least one year counted from the end of the tax year in which the reinvestment occurs or, if more recent, the date of the sale;
- The reinvestment be made, totally or partially, until the end of the 2nd tax period following that of the sale, otherwise it will be considered as income of that tax period, respectively, the difference or the proportional part of the positive difference between the capital gains and capital losses referred to in the regime and not included in the taxable profit, increased by 15%.
How to obtain
Through the correct filing of the annual declaration of accounting and tax information of the tax period in which the reinvestment takes place, proving in this declaration, and in the declarations of the two subsequent tax periods, the reinvestments made.