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21. Tax matters
a) Consolidated tax group
Pursuant to current legislation, the consolidated tax group includes Atresmedia Corporación
de Medios de Comunicación, S.A., as the Parent, and the Spanish subsidiaries that meet the
requirements provided for in Spanish legislation regulating the taxation of the consolidated
profits of corporate groups (in which an ownership interest of more than 75% is held).
The Group's other subsidiaries file individual tax returns in accordance with the tax
legislation in force in each country.
Pursuant to Spanish Income Tax Law 43/1995, of 27 December, on 26 December 2000,
Atresmedia Corporación de Medios de Comunicación, S.A. notified the Madrid tax authorities
of its decision to file consolidated income tax returns. Application of the consolidated tax
regime is considered indefinite provided that the requirements established in the current
Article 58 of Income Tax Law 27/2014, of 27 November, are met and the Company does not
opt to cease to apply the aforementioned regime. The filing of consolidated tax returns gives
rise to reciprocal intra-Group balances, due to the offset of the losses incurred by certain
companies against the profit earned by other Group companies.
On 16 December 2011, the joint merger agreement entered into on 30 June 2011 was
executed in a public deed; under this agreement, Publicidad 3, S.A.U. absorbed Antena de
Radiodifusión, S.A.U., Medipress Valencia, S.A.U., Canal Radio Baleares, S.L.U., Radio Media
Aragón, S.L.U., Canal Radio Madrid, S.L.U., Canal Radio Valencia, S.L.U. and Uniprex, S.A.U.,
which simultaneously and in the same act absorbed Radio Noticias Noventa, S.A.U., Radio
Sistemas Radiofónicos Cinco, S.L.U. and Rkor Radio, S.L.U. in a preliminary phase.
The resolution to change the resulting company's name to Uniprex, S.A.U. is contained in the
aforementioned deed.
Consequently, the new company Uniprex, S.A.U. acquired the assets and liabilities of the
absorbed companies, which were dissolved without liquidation, in accordance with their
balance sheets, whose assets and liabilities were transferred en bloc to the absorbing
company.
The merger goodwill -amounting to EUR 76,610 thousand for tax purposes net of the
recognised impairment losses can be amortised at a rate of 1% in 2014 and 2015 (5% from
1 January 2016 onwards), as provided for in Article 2.4.2 of Law 16/2013, of 29 October,
establishing certain measures on environmental taxation and adopting other tax and financial
measures, and Section d) of Transitional Provision Thirty-Four of Income Tax Law 27/2014,
respectively, regardless of the rate at which the related amortisation is charged to profit or
loss for accounting purposes. This amortisation is deductible for tax purposes. The merger
goodwill for tax purposes does not coincide with that recognised for accounting purposes
(see Note 4). Goodwill arising from the merger amounted to EUR 99,137 thousand and the
amount allocated to impairment losses for accounting purposes recognised was EUR 20,315
thousand. There were also accumulated impairment losses for tax purposes of EUR 2,212
thousand.
On 5 June 2009, the public deed was executed of the agreement for the merger by
absorption of Radio Tormes, S.A. (Sole-Shareholder Company), Radio Alamedilla, S.A. (Sole-
Shareholder Company), Compañía Tres Mil Ochocientos, S.L. (Sole-Shareholder Company),
La Veu de LLeida, S.L. (Sole-Shareholder Company), Grupo Universal de Emisoras Radio
Amanecer, S.A. (Sole-Shareholder Company), Ondadit, S.L. (Sole-Shareholder Company)
and Unión Ibérica de Radio, S.A. (Sole-Shareholder Company) into the sole shareholder
Uniprex, S.A. (Sole-Shareholder Company) through the dissolution without liquidation of the
absorbed companies and the transfer en bloc of their assets and liabilities to Uniprex, S.A.
(Sole-Shareholder Company), the absorbing company, which acquired them by universal
succession and was subrogated to all the rights and obligations of the absorbed companies,
as stipulated in Article 233 of the Spanish Public Limited Liability Companies Law. The date
from which the transactions of the absorbed companies are considered to have been
performed for accounting and tax purposes by the absorbing company was taken to be 1
January 2009.