In order to determine taxable profit, the positive difference between capital gains and capital losses that have occurred subsequent to the transfer of tangible fixed assets, intangible assets and non-consumable biological assets at a cost shall be considered at half its amount when:
- The transferred asset has been held for a period of no less than 1 year;
- The realization value corresponding to the total of the aforementioned assets is reinvested in the acquisition, production or construction of tangible fixed assets, intangible assets or non-consumable biological assets during the taxation period prior to the taxation period of the realization of the assets, during the actual taxation period or before the end of the second subsequent taxation period;
- The goods that the amount is reinvested in must be new, must not have been acquired from entities with whom there are special relationships and they must have been held for no less than one year counted from the end of the taxation period during which the reinvestment occurs or the taxation period when the realization takes place if the latter takes place afterward.
If the reinvestment is not fully or partially performed by the end of the second taxation period that follows the taxation period when the realization takes place, it shall be considered income for that taxation period, respectively, the difference or the proportional part of the difference not included in taxable profit is accrued by 15%.
This regime shall not apply to intangible assets acquired or sold to entities with which there are special relationships in accordance with legislation applicable to transfer prices.
Taxpayers must mention their intention to perform the reinvestment in their Annual Accounting and Tax Information Declaration for the taxation period when the realization took place, stating therein and in the declarations for the following two taxation periods all the reinvestments that were made.
Capital gains and losses are the difference between the realization value (consideration), net of underlying charges and the acquisition value net of impairment losses, and other value corrections, as well as depreciation or amortization acceptable to the tax authorities, in addition to amounts recognized as tax costs.
The acquisition value already corrected in accordance with these terms is updated by applying the currency devaluation coefficients for the purposes published in the Ministry of Finance Order in Council whenever at the date of the realization at least two years have passed since the acquisition date. The value of that update shall be deducted when determining taxable profit.
