Integration and compensation of income in Personal Income Tax
How income is classified, integrated and offset in the general and savings taxable bases, with rules for compensating losses from previous years and a practical example.
Before calculating the tax, all income obtained during the year must be classified, integrated and offset against each other following specific rules. The result of this process is the general taxable base and the savings taxable base.
🔵 Legislation: Arts. 44, 45, 46, 47, 48 and 49 Personal Income Tax Law; thirty-ninth additional provision and seventh transitional provision.
Classification of income
By origin or source
Personal Income Tax classifies income into three categories:
- Returns (from employment, capital or economic activities): their amount is obtained by deducting deductible expenses from computable income, with applicable reductions.
- Income imputations: quantified by directly applying the legal criteria (imputed real estate income, international tax transparency, etc.).
- Capital gains and losses: generally calculated as the difference between transfer value and acquisition value.
For the purposes of tax calculation: two groups
All of that income is integrated into two main bases:
| Group | Components |
|---|---|
| General income | Earned income, real estate capital income, investment income under Art. 25.4 Personal Income Tax Law (intellectual property, technical assistance, lease of movable property/businesses/mines, image rights assignment), income from economic activities, income imputations (real estate, tax transparency, image rights, EIG, UTE), capital gains and losses not derived from transfer of assets |
| Savings income | Investment income under Arts. 25.1, 25.2 and 25.3 Personal Income Tax Law (participation in equity, lending of own capital, capitalisation transactions, life and invalidity insurance, capital investment), capital gains and losses derived from transfer of assets |
General income
Components Earned income, real estate capital income, investment income under Art. 25.4 Personal Income Tax Law (intellectual property, technical assistance, lease of movable property/businesses/mines, image rights assignment), income from economic activities, income imputations (real estate, tax transparency, image rights, EIG, UTE), capital gains and losses not derived from transfer of assets
Savings income
Components Investment income under Arts. 25.1, 25.2 and 25.3 Personal Income Tax Law (participation in equity, lending of own capital, capitalisation transactions, life and invalidity insurance, capital investment), capital gains and losses derived from transfer of assets
Exception: Income under Art. 25.2 Personal Income Tax Law (lending of own capital to related entities) forms part of general income to the extent it exceeds the result of multiplying by 3 the related entity's equity, in the part corresponding to the taxpayer's shareholding.
Key rule: Income may not be offset between general income and savings income. Each group is integrated and offset separately.
Integration and compensation rules for the general taxable base
The process is carried out in two phases.
Phase 1: income from the 2025 tax year itself
Block a — Returns and income imputations
Net returns (employment, real estate capital, investment income Art. 25.4, economic activities) and income imputations are integrated and offset against each other without limit. The result may be positive or negative.
- If the balance is positive: it passes to the general taxable base.
- If the balance is negative: it is integrated with that sign into the general taxable base.
Block b — Capital gains and losses not derived from transfer
Integrated and offset exclusively against each other.
- Positive balance: integrated into the general taxable base.
- Negative balance: may be offset against the positive balance of block a, up to a limit of 25% of that positive balance. The uncompensated excess is carried forward to the 4 following tax years with the same priority order.
Phase 2: compensation of negative items from previous years
The net negative balances of capital gains and losses not derived from transfer from the 2021, 2022, 2023 and 2024 tax years pending compensation are applied in 2025 as follows:
- First, against the positive balance of capital gains and losses from block b of 2025.
- Then, against the positive balance of returns and imputations (block a), up to a limit of 25% of that balance.
The combined compensation of negative balances from current-year and prior-year losses and gains may not exceed 25% of the positive balance of returns and imputations before those compensations.
Integration and compensation rules for the savings taxable base
Also in two phases.
Phase 1: income from the 2025 tax year itself
Block a — Investment income (Arts. 25.1, 2 and 3)
Integrated and offset exclusively against each other.
- Positive balance: integrated into the savings taxable base.
- Negative balance: may be offset against the positive balance of capital gains from block b, up to a limit of 25% of that positive balance. The remainder is carried forward to the 4 following tax years.
Block b — Capital gains and losses derived from transfer
Integrated and offset exclusively against each other, regardless of the holding period.
- Positive balance: integrated into the savings taxable base.
- Negative balance: may be offset against the positive balance of investment income (block a), up to a limit of 25% of that positive balance. The remainder is carried forward to the 4 following tax years.
Phase 2: compensation of negative items from previous years
Negative items pending as at 1 January 2025 are:
- Negative balances of investment income from 2021–2024.
- Negative balances of capital gains and losses from 2021–2024 (including those from subordinated debt and preference shares).
Compensation order:
- The positive balance of 2025 investment income (already reduced by offsetting 2025 capital losses) is offset against negative investment income balances pending from 2021–2024.
- The positive balance of 2025 capital gains (already reduced by offsetting 2025 negative investment income) is offset against capital losses pending from 2021–2024.
If negative balances still remain uncompensated:
- Negative investment income from 2021–2024 pending may be offset against the positive capital gains balance of 2025, up to 25% of that balance (together with 2025 amounts, without exceeding that combined limit).
- Capital losses from 2021–2024 pending may be offset against the positive investment income balance of 2025, up to 25% of that balance (together with 2025 amounts, without exceeding that combined limit).
🟡 Important: Compensation must be made to the maximum amount each year allows. Amounts cannot be accumulated to losses from later years outside the time limit.
Annex C of the return form records losses and negative investment income balances pending compensation in following years.
Joint taxation
In a joint return, negative items not compensated as at 1 January 2025 by any member of the family unit may be offset, even if they arose in years when they were taxed individually.
Negative items generated in a joint return may be compensated in subsequent individual returns exclusively by the taxpayers to whom they belong according to the income individualisation rules of the Personal Income Tax Law.
Practical example
Mr A.P.G. obtains the following income in 2025:
| Income | Amount |
|---|---|
| Reduced net earned income | +€50,000 |
| Reduced net income from economic activity | −€5,000 |
| Imputed real estate income | +€300 |
| Capital gain (general base) | +€4,500 |
| Capital loss (general base) | −€9,600 |
| Negative investment income (savings base) | −€800 |
| Capital gain (savings base) | +€5,600 |
| Capital loss (savings base) | −€1,600 |
Reduced net earned income
Amount +€50,000
Reduced net income from economic activity
Amount −€5,000
Imputed real estate income
Amount +€300
Capital gain (general base)
Amount +€4,500
Capital loss (general base)
Amount −€9,600
Negative investment income (savings base)
Amount −€800
Capital gain (savings base)
Amount +€5,600
Capital loss (savings base)
Amount −€1,600
Items from previous years pending compensation:
| Item | Year | Amount |
|---|---|---|
| Net negative balance of gains/losses not derived from transfer | 2021 | −€600 |
| Net negative balance of gains/losses derived from transfer | 2021 | −€700 |
| Negative investment income | 2021 | −€500 |
| Net negative balance of gains/losses derived from transfer | 2022 | −€2,100 |
Net negative balance of gains/losses not derived from transfer
Year 2021
Amount −€600
Net negative balance of gains/losses derived from transfer
Year 2021
Amount −€700
Negative investment income
Year 2021
Amount −€500
Net negative balance of gains/losses derived from transfer
Year 2022
Amount −€2,100
Solution: general taxable base
a) Returns and imputations for 2025: €50,000 − €5,000 + €300 = €45,300
b) Capital gains and losses for 2025 (general base): €4,500 − €9,600 = −€5,100
c) Compensation of negative gain/loss balance for the year: Limit: 25% × €45,300 = €11,325. The €5,100 is compensated.
d) Compensation of net negative balance from 2021: The €600 is compensated (within the €11,325 limit).
e) Total compensations: €5,100 + €600 = €5,700 (below the €11,325 limit, fully compensated).
f) General taxable base: €45,300 − €5,700 = €39,600
Solution: savings taxable base
a) Capital gains and losses for 2025 (savings base): €5,600 − €1,600 = €4,000
b) Compensation of negative investment income for 2025: Limit: 25% × €4,000 = €1,000. The €800 is compensated (within the limit).
Remaining capital gains balance: €4,000 − €800 = €3,200.
c and d) Compensation of balances from previous years:
- Negative gains/losses balance 2021: −€700
- Negative gains/losses balance 2022: −€2,100
- Negative investment income 2021: −€500, but the combined 25% limit is partially consumed (€800); margin remaining is €200 (€1,000 − €800).
e) Total compensations: €700 + €2,100 + €200 = €3,000; total with 2025: €800 + €3,000 = €3,800.
f) Savings taxable base: €4,000 − €3,800 = €200