Other general deductions from previous years

General deductions from previous years for business investment

When, in a fiscal year following the one in which the deductions for business investment were applied, any of the requirements established in the regulations governing Corporate Tax to consolidate the right to said deductions are not met, the adjustment must be made by the taxpayer himself in the declaration for the fiscal year in which the non-compliance occurred, adding to the net tax amount, in the terms discussed in the first two points above, the amount of the deductions made whose right would have been lost for this reason, plus the late payment interest corresponding to the period during which the deduction was enjoyed.

For these purposes, it should be noted that, although the deduction for job creation in article 37 of the LIS is not applicable from the 2020 financial year, failure to comply with any of its requirements will result in the loss of the right to deductions made in previous years.

However, the obligation to maintain the employment relationship for at least three years from the date it begins will not be deemed breached when the employment contract is terminated, once the one-year trial period has elapsed, for objective reasons or disciplinary dismissal when one or the other is declared or recognised as appropriate, resignation, death, retirement or permanent total, absolute or severe disability of the worker.

Accuracy : See the 2019 Practical Income Tax Manual for the requirements and amount of this deduction.

Deductions for donations of goods or works of art covered by Law 30/1994 or Law 49/2002

The loss of the right to the corresponding deduction for donations of goods or works of art in favor of foundations or associations declared to be of public utility included in the scope of application of Law 30/1994, of November 24, on Foundations and Tax Incentives for Private Participation in Activities of General Interest, or in the scope of application of Law 49/2002, of December 23, on the Tax Regime of Non-Profit Entities and Tax Incentives for Patronage, may occur as a consequence of the revocation of said donations.

Deductions for investments or expenses in assets of cultural interest and for actions for the protection and dissemination of the Spanish Historical Heritage and the World Heritage

The loss of the right to deductions made in previous years for the aforementioned concepts may occur due to failure to comply with the requirement that the assets of the Spanish Historical Heritage remain in the assets of the purchaser for a period of four years.

See, within Chapter 16, when examining this deduction the period of permanence of these assets in the estate of their owner.

Deduction for works to improve the energy efficiency of homes

The loss of the right to these deductions may occur due to failure to comply with the required conditions. Among others, the following:

When a subsidy is awarded and the amounts subsidized correspond to amounts that have formed part of the deduction base. In this case, the tax situation must be regularized so that the amounts corresponding to said subsidy are not included in the deduction base (with the maximum annual deduction base as a limit).
Having included in the deduction base any of the costs related to the installation or replacement of equipment that uses fossil fuels.
When the works have been carried out in a dwelling expected to be rented and the requirement that the dwelling be rented before December 31, 2023 is not met.
Having included in the deduction base amounts paid for work carried out on homes or parts thereof or properties excluded from the deduction.