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Practical Income Manual 2021.

c) Freedom of amortization in the cases contemplated in article 12.3 of the Corporate Tax Law

In accordance with the provisions of article 12.3 of the LIS following may be freely amortized: 

  • The elements of material and intangible fixed assets , excluding buildings, used for research and development activities. The buildings may be amortized on a straight-line basis over a period of 10 years, in the portion that they are used for research and development activities. 

  • research and development expenses activated as intangible assets, excluding amortization of elements that enjoy freedom of amortization.

  • The elements of the tangible or intangible fixed assets of the entities that are classified as priority associative holdings in accordance with the provisions of Law 19/1995, of July 4, on the modernization of holdings agricultural lands, acquired during the first five years from the date of their recognition as priority exploitation. 

  • The elements of new tangible fixed assets , whose unit value does not exceed 300 euros, up to the limit of 25,000 euros referring to the tax period. If the tax period has a duration of less than one year, the indicated limit will be the result of multiplying 25,000 euros by the proportion between the duration of the tax period with respect to the year. The amounts applied to the freedom of amortization will reduce, for tax purposes, the value of the amortized elements.