4.2.72 Codes 00317 and 00318 financial lease: special regime (Art. 106 LIS)

Article 106 of LIS establishes a special tax regime for certain financial leasing contracts, in which, with the conditions and requirements set forth therein, the assignee is allowed accelerated tax amortization of the assets subject to financial leasing, without the need for their accounting allocation to the profit and loss account.

The application of this special regime means for the transferee covered by it a faster tax amortization of the element and therefore, a greater tax than accounting expense, the difference of which must be recorded in the reductions key [00318], in the period subject to declaration. . In subsequent tax periods, these amounts will revert as a higher accounting expense than a tax expense, to be recorded in the increases key [00317], once the element is fully amortized from a tax point of view, or as a higher tax income in the event of alienation, deterioration, loss or permanent unusability of the element, unless in the latter case it was due to a cause not attributable to the taxpayer and duly justified.

In the case of microenterprises and if the application of article 106 of the LIS for financial leasing contracts applies, the corresponding increase must be made, in the key [00317], in the event that the fee accrued in the year exceeds the limit established in the aforementioned article.