4.2.72 Codes 00317 and 00318 financial lease: special regime (Article 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, completing, where appropriate, its 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 greater accounting than tax expense, to be recorded, completing, where appropriate, their corresponding breakdown boxes, in the increases key [00317], once the element is fully amortized from a from a tax point of view, or as greater tax revenue in the event of disposal, deterioration, loss or permanent disuse of the element, unless in the latter case it is 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.