4.2.72 Keys 00317 and 00318 financial leasing: special regime (Article 106 LIS)

Article 106 of the LIS establishes a special tax regime for certain financial leasing contracts, in which, under the conditions and requirements provided therein, the assignee is allowed accelerated tax amortization of the assets subject to financial leasing, without the need to record them in the profit and loss account.

The application of this special regime entails for the transferee under it a faster tax amortization of the element and therefore, a greater tax expense than accounting, the difference of which must be recorded, completing, where appropriate, the corresponding breakdown boxes, in the key [00318] of decreases, in the period subject to declaration. In subsequent tax periods, these amounts will revert as a higher accounting expense than tax expense, to be recorded, completing, where appropriate, their corresponding breakdown boxes, in key [00317] for increases, once the element is fully amortized from a tax point of view, or as a higher tax income in the event of disposal, deterioration, loss or definitive uselessness of the element, unless in this last case it was due to a cause not attributable to the taxpayer and duly justified.

In the case of micro-enterprises and if the application of article 106 of the LIS for financial leasing contracts is applicable, the corresponding increase must be made in code [00317], in the event that the fee accrued in the year exceeds the limit established in the aforementioned article.