• P = losses to be offset against the statutory reserve and share capital, which means that part of the total amount can already be offset by freely available reserves present in the balance sheet on which the operation is based. Although the LSC provides for the obligation to constitute the legal reserve “in all cases”, the truth is It would be illogical to allocate these profits to the legal reserve if they can only be used to offset losses (provided they do not exceed 20%) (Article 274(2)). In summary, it is possible to offset the losses of the year with voluntary reserves, and it is advisable to do so in order to project a better picture of the company`s assets, since this is the appropriate time to make the compensation before the end of the year. If the legal reserve is insufficient to cover the capital deficit, social benefits from subsequent years shall be used for this purpose.” (121) Negative results from previous years However, we do not know which of the above requests takes precedence. This problem is solved by a consultation of the ICAC in September of this year (BOICAC Nº99/2014 Consultation 5), which deals with the distribution of profits of a company that has recorded negative results of previous years and for which the legal reserve has not reached 20 per cent of the capital. With the end of the financial year and the approval of the balance sheet and the profit and loss account, doubts begin about the situations that may arise in relation to the annual result. One of them is the possibility of offsetting losses incurred during the year by voluntary or optional reserves. We will briefly discuss this possibility. In this case, the losses are eliminated by resolution of the General Assembly. The qualification of voluntary implementation means that the company is not obliged to carry out the transaction because its net assets reach or exceed two thirds of the capital or because it is not continuously in equity imbalance for two consecutive years. Otherwise, you will have to wait until you receive benefits in subsequent years.
These rules stipulate, for example, the obligation that, in the event of a positive result after tax for one year, at least 10% of the profit must be allocated to the “legal reserve”, which must take place every year until this “legal reserve” reaches at least 50% of the share capital (see Art. 350, 371 and 452 HGB) We have already analyzed the reserves and the negative result or loss of the year, We must now analyse the possibility of compensating them with possible negative results. where (Y) is the amount to be calculated that the legal reserve is intended to compensate for the losses of the part that exceeds ten per cent of the already reduced share capital. It is pointed out that this is a minimum amount and that a higher amount can be allocated even if the legal reserve remains at zero. Next: Performance recording: Distribution to statutory and statutory reserves Tribune » Loss compensation or statutory reserve – Tribuna INEAF In the event of a positive annual result, it is therefore necessary to provide in advance for a statutory reserve, necessarily equal to 10% of the annual profit, until the total amount of statutory reserves reaches 20% of the share capital. Until it does not exceed the limit indicated, this reserve may be used to offset losses only if no other reserve is available for this purpose. Here you can see the reservation entry of the legal reserve foundation. In the case of loss set-off with reserves, we must take into account that the statutory reserve, as well as any other unavailable reserves, can only be used if there are not enough reserves. On the other hand, small businesses that apply the tax benefit for the equalization reserve must first offset it. Therefore, in order to determine the amounts of the legal reserve and share capital to be used, it is operational to propose a system of two equations with two unknowns, in the following terms: Although this is obviously a possibility, for most users of financial statements (shareholders, potential investors, financial institutions..) it is ugly to find a balance sheet with losses from other years. The older they are, the better it is to compensate them as much as possible.
However, the question arises: if “losses” are committed, will you be obliged to cover them first with the legal reserves and with the profits of the following years, if you cannot distribute these profits from the following years until the losses of previous years are fully absorbed? It may also happen that there is an elimination of losses of an amount greater than that necessary to restore the balance, for example, that the company plans to eliminate all losses that may also correspond to the year itself, yes, compliance with established legal requirements, and in this sense also decides, reduce the statutory reserve by ten percent of the reduced capital, in order to be able to distribute dividends to its shareholders in a future year.