Reserva de nivelación. De nuevo sobre derechos autónomos y opciones fiscales: RTEAC 00/6913/2025, de 18 de diciembre de 2025

Abstract

TEAC Resolution No. 00/6913/2025 examines the legal nature of the equalization reserve, establishing that it constitutes an independent right of the taxpayer, rather than a tax option. In accordance with the jurisprudence established by the Supreme Court in its Judgment of November 30, 2021, the existence of an alternative between mutually exclusive tax regimes, a fundamental requirement for the configuration of tax options, is ruled out. Furthermore, it is emphasized that the reserve operates as a mechanism analogous to the offsetting of tax losses. This ruling contributes to legal certainty and aligns with the growing trend of recognizing that not all benefits or incentives are tax options.