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Practical Income Manual 2021.

Joint limit of deductions of articles 35, 36 and 38 LIS in the Canary Islands

  • General joint limit: 60 percent or 90 percent

    In accordance with article 94.1.b) Law 20/1991, of June 7, 1991, the joint limit on the quota will always be 80 percent higher than that set in the general regime, with a minimum differential of 35 percentage points.

    Therefore, the joint limits of article 39.1 LIS are raised to 60 percent or 90 percent

    Consequently, the deductions for investments of articles 35, 36 and 38 LIS , applied in the Canary Islands in the tax period, may not jointly exceed 60 per 100 of the quota resulting from reducing the sum of the full state and regional quotas (boxes [0545] and [0546] of the declaration), in the total amount of deductions for investment in habitual residence (in the case of taxpayers to whom the regime is applicable transitional period of this deduction), for investment in new or recently created companies, provided for in article 68.1 of the Personal Income Tax Law , and for actions for the protection and dissemination of the Spanish Historical Heritage and of World Heritage (∑ boxes [0547] and [0548] ; minus ∑ boxes [0549]; [0550] and [0551], respectively) .

    However, will be raised to 90 percent when the amount of the deductions in articles 35 and 36 exceeds 10 percent of the aforementioned quota.

  • Joint limit for the islands of La Palma, La Gomera and El Hierro: 70 percent or 100 percent

    Starting in the 2019 financial year for the islands of La Palma, La Gomera and El Hierro, the minimum limit of 80 percent increases to 100 percent and the minimum differential goes to 45 percentage points when the community regulations on State aid so require. allows and is about investments contemplated in Law 2/2016, of September 27 and other laws of measures for the organization of the economic activity of these islands in accordance with what is established in article 1.Forty-one of Law 8 /2018, of November 5, which modifies Law 19/1994, of July 6, modifying the Economic and Fiscal Regime of the Canary Islands ( BOE of 6). Consequently, in these cases, for the islands of La Palma, La Gomera and El Hierro the joint limits (60 percent or 90 percent) are raised, respectively, to 70 percent and 100 percent .

    The application of the limits provided for the islands of La Palma, La Gomera and El Hierro in those cases in which the taxpayer also generates deductions in other territories of the Canary Islands must attend simultaneously to the following rules:

    1. Deductions generated on the islands of La Palma, La Gomera and El Hierro must respect their own improved limit (70/100 per 100). Likewise, deductions generated in the rest of the Canary Islands must also respect their own improved limit (60/90 percent).

    2. In the event that there are both deductions in the three mentioned islands (La Palma, La Gomera and El Hierro) and in the rest of the Canary Islands, the maximum limit for both types of deductions will be upper, that is, the improved limit of the three islands (70/100 percent).

    3. In the event that deductions apply in the three mentioned islands and in the rest of the Canary Islands, the latter will not be able to benefit from the increased limit of the three islands.

  • Application of the joint limit

    Finally, it should be noted that this joint limit on the quota is independent of the one corresponding to the investments covered by the General Regime of deductions of the LIS and the Regimes of support for events of exceptional public interest included in annexes A.3 and A.4 of the declaration.