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Practical Income Manual 2023.

3. Adaptation of these benefits to the provisions of European Union Law: limits, monitoring and control

Regulations: Seventieth Additional Provision. Six and Seven of Law 31/2022, of December 23, on the General State Budgets for 2023.

Limits of the tax benefits of the special tax regime of the Balearic Islands

These tax benefits (deduction for contributions to the Investment reserve and deduction for income derived from the sale of tangible assets produced in the Balearic Islands), together with any other aid received under the aid regulations of “ minimis” , may not exceed the amounts that, for their respective scope of application, are established by the Regulations set out in the following table:

Regulations sector/activity Limits

COMMISSION REGULATION ( EU ) 1407/2013, of 18 December 2013, relating to the application of articles 107 and 108 of the Treaty of the Functioning of the European Union to minimis aid.

Note: end of validity date: 12/31/2023 in accordance with the provisions of Commission Regulation ( EU ) 2020/972 of July 2, 2020

All except those in the following regulations

Note: n or the following are included in the minimis aid:

  • Aid conditional on the use of national products instead of imported ones.
  • Aid for export activities.

In general: 200,000 euros during any period of three fiscal years.

Note: Commission Regulation ( EU ) 2023/2831 of 13 December 2023 on the implementation of articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, which will enter into force on January 1, 2024, increases this limit 300,000 euros during any three-year period .

Transport of goods by road:

  • 100,000 euros during any period of three fiscal years.

This minimis aid may not be used for the acquisition of road freight transport vehicles.

200,000 euros during any period of three fiscal years, if you carry out road freight operations and also other activities.
REGULATION ( EU ) 1408/2013 OF THE COMMISSION , of 18 December 2013, relating to the application of articles 107 and 108 of the Treaty of the Functioning of the European Union to minimis aid in the agricultural sector.

Agricultural and livestock

It only applies to companies dedicated to the primary production of agricultural products.

Note: Companies dedicated to the transformation and marketing of agricultural products that are subject to the limit of Regulation ( EU ) 1407/2013 are excluded.

20,000 euros during any period of three fiscal years
COMMISSION REGULATION ( EU ) 717/2014 of 27 June 2014 on the application of articles 107 and 108 of the Treaty of the Functioning of the European Union to minimis aid in the fishing and aquaculture sector

Fishing and aquaculture

It only applies to companies dedicated to the primary production of fishing and aquaculture products.

Note: Companies dedicated to the processing and marketing of fishing and aquaculture products that are subject to the limit of Regulation ( EU ) 1407/2013 are excluded [see Regulation ( EU ) 2023/2391]

30,000 euros during any period of three fiscal years.

However, it can be increased by the Member State up to 40,000 euros during any period of three fiscal years, provided that the Member State has a national central register of all de minimis aid granted. [Incorporated by Commission Regulation ( EU ) 2023/2391 of 4 October 2023]

REGULATION ( EU ) 360/2012 OF THE COMMISSION , of April 25, 2012, relating to the application of articles 107 and 108 of the Treaty of the Functioning of the European Union to minimis aid granted to companies that provide services of general economic interest.

Note: end of validity date: 12/31/2023 in accordance with the provisions of Regulation ( EU ) 2020/ 1474 of the Commission of of 13 October 2020.

Services of general economic interest

500,000 euros during any period of three fiscal years.

Note: Commission Regulation ( EU ) 2023/2832 of 13 December 2023 on the implementation of articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to companies that provide services of general economic interest, which enters into force on January 1, 2024, increases this limit to 750,000 euros. It also establishes the mandatory registration of aid granted in a central register at national or Union level .

This limit will apply regardless of the form of the minimis aid or the objective pursued by it, and whether it is financed entirely or partially with resources from the Union. 

Common note: To calculate the periods, the period in which the aid is recognized will be taken into account, regardless of when it is collected (attribution criterion that applies to current subsidies).

Monitoring and control of tax benefits.

  • The Joint Commission of Economy and Finance between the State and the Autonomous Community of the Balearic Islands provided for in article 125 of the Statute of Autonomy of the Balearic Islands will be in charge of monitoring the application of the special tax regime of the Balearic Islands.

    To this end, a monitoring report on the application of tax benefits will be prepared annually and in 2028 an effectiveness control will be carried out to determine the achievement of the economic objectives pursued by the tax benefits. The achievement of these objectives, as well as the body in charge of carrying out the effectiveness control, will be determined by regulation.

  • For these purposes, beneficiaries must submit an informative declaration regarding the different measures or aid schemes received. This declaration will include detailed information on the aforementioned incentives, which will be subject to verification.