11.3.1.2 Determination of the tax base

Entities covered by this regime will determine the part of the tax base that corresponds to the operation, ownership or technical and crew management of vessels that meet the requirements detailed above, applying the following scale to the net registered tons of each of said vessels:

For the application of the scale, the days of the tax period in which the vessels are at the taxpayer's disposal or in which the technical and crew management has been carried out will be taken into account, excluding the days in which they are not operational as a result of ordinary or extraordinary repairs.

The portion of the tax base thus determined using the scale detailed above:

• It includes income derived from pilotage, towing, mooring and unmooring services provided to the vessel assigned to this regime, when the vessel is used by the entity itself, as well as the loading, unloading, stowage and unstowing services related to the vessel's cargo transported on it, provided that they are invoiced to the transport user and are provided by the entity itself or by a third party not related to it.

• The positive or negative income that is revealed as a result of the transfer of a vessel affected by this regime will be considered to be integrated into it, provided that it does not involve vessels whose ownership was already held when this special regime was accessed or used vessels acquired once its application began.

• It may not be offset (except for the income generated by the transfer of vessels whose ownership was already held when this special regime was accessed or used vessels acquired once the application of the same had begun), with negative tax bases derived from the rest of the activities of the shipping company, neither from the current financial year nor from previous ones, nor with the tax bases pending offset at the time of application of the regime.

The application of this regime must cover all of the applicant's vessels that meet the requirements thereof, and the vessels that are acquired, leased or managed after authorization, provided that they meet said requirements, and vessels taken on charter may be covered by it, provided that the sum of their net tonnage does not exceed 75% of the total fleet of the entity or, where appropriate, of the fiscal group subject to the regime. In the case of entities that pay taxes under the fiscal consolidation regime, the application must refer to all entities in the tax group that meet the aforementioned requirements.

In the case of transfers of vessels whose ownership was already held when accessing this special regime and of used vessels acquired once its application began, the following procedure will apply:

In the first financial year in which this rule is applied, or in which the used vessels have been acquired, a non-available reserve shall be provided for an amount equivalent to the positive difference between the normal market value and the net book value of each of the vessels affected by this rule, or the aforementioned difference shall be specified separately for each of the vessels and during all financial years in which ownership of the same is maintained, in the notes to their annual accounts. In the case of vessels acquired through an operation to which the special regime of Chapter VIII of Title VII of the Corporate Tax Law has been applied, the net book value will be determined based on the acquisition value as it appears in the accounting records of the transferring entity. Failure to comply with the obligation not to make use of the reserve or the obligation to mention it in the report will constitute a serious tax offence, punishable by a fine of 5% of the amount of the aforementioned difference.

The amount of the aforementioned positive reserve, together with the positive difference existing on the date of the transfer between the tax and accounting depreciation of the alienated vessel, will be added to the tax base determined by objective estimation (using the scale detailed above) when the aforementioned transfer has taken place. The same procedure shall apply if the vessel is transferred, directly or indirectly, in connection with a transaction to which the special regime of Chapter VII of Title VII of the Corporate Income Tax Law applies. This income generated by the transfer of the vessel may be subject to offset against negative tax bases from periods prior to the application of the special regime.

As regards the taxpayer's activities that are not covered by the special regime referred to in this section, the determination of the part of the taxable base that corresponds to them will be carried out by applying the general regime of the Tax, taking into account exclusively the income derived from them. This part of the taxable base will be made up of all income that does not come from activities covered by the regime, by expenses directly related to obtaining them, as well as by the part of general administration expenses that proportionally correspond to the turnover generated by these activities. In the case of dredging activity, this part of the tax base will include the income from that activity not covered by the special regime.