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Form 200. Corporate Income Tax Declaration 2018

4.2.69 Codes 00311 and 00312 small companies: freedom of amortization (Arts. 102 LIS)

Article 102 of the LIS establishes an assumption of freedom of amortization applicable to small companies (those that meet the requirements contained in article 101 of the LIS itself), in accordance with the following conditions:

  1. These must be new elements of tangible assets or real estate investments used for economic activities. This regime will also apply to these elements when they have been the subject of a financial leasing contract, provided that the purchase option is exercised.

  2. These elements must be found in any of the following situations:

    1. Acquired from third parties and made available to the taxpayer in the tax period in which the conditions of article 101 of the LIS are met.

    2. Commissioned through a work execution contract signed in the tax period and made available to the taxpayer within 12 months following its conclusion.

    3. Built by the company itself.

  3. During the twenty-four months following the date of the beginning of the tax period in which the acquired assets come into operation, the total average workforce of the company must increase with respect to the average workforce of the previous twelve months and said increase must be maintained for an additional period of another 24 months.

    The hired worker who gives the right to one of the deductions provided for in article 37 of the LIS will not be counted for the purposes of the increase in staff established in this article 102 of the LIS.

    Report :

    To calculate the company's total average workforce and its increase, the number of employees must be taken, in the terms provided by labor legislation, taking into account the contracted day in relation to the full day. Since no specific requirement is required regarding the type of employment contract, it will be irrelevant for the purposes of said calculation whether the contract is indefinite, temporary, training, etc.

  4. The amount of the investment that can benefit from the freedom of amortization is the result of multiplying the amount of 120,000 euros by the increase set out in point 3 above, calculated with two decimal places (logically, said freely amortized amount cannot be higher than the value of acquisition or production cost of elements that are freely depreciated).

  5. The freedom of amortization will be applicable from the entry into operation of the elements that can benefit from it.

  6. In the event of non-compliance with the obligation to increase or maintain the workforce, the full amount corresponding to the amount deducted in excess plus the corresponding interest for late payment must be paid.

    The payment of the full fee and interest on late payment will be made jointly with the self-assessment corresponding to the tax period in which one or another obligation has been breached (on payment of fees and interest on late payment due to non-compliance with the requirements to enjoy tax benefits). , (see keys [00615] to [00618]).

In the case referred to in article 102 of the LIS, companies benefiting from the freedom of amortization must include in the key [00312] (decreases) the amount of the excess of the tax amortization over the accounting amortization, for the tax period under consideration. of declaration, of the corresponding element or elements. And in the tax periods subsequent to the one in which the element or elements in question have been fully depreciated for tax purposes, they must include in the key [00311] (increases) the amount of the corresponding accounting depreciations carried out in them. In the tax period in which the transfer of the element or elements covered by the freedom of amortization occurs, they must include in the code [00311] (increases) the amount of all the corresponding negative adjustments made and pending to be positively integrated into the tax base. .