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Practical manual for Income Tax 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 Budget for 2023.

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

These tax benefits (deduction for allocations to the Investment Reserve and deduction for returns derived from the sale of tangible assets produced in the Balearic Islands), together with any other aid received under the regulations on “ minimis” aid , may not exceed the amounts established for their respective scope of application by the Regulations listed 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 conditioned on the use of national products instead of imported ones.
  • Aid for export activities.

In general: €200,000 during any three-fiscal-year period.

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 during any three-fiscal-year period.

These minimis aids may not be used for the acquisition of road freight vehicles.

€200,000 over any three-tax period, if you carry out road freight transport 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 engaged in 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 engaged in the primary production of fishery 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 during any three-fiscal-year period.

However, it may be raised by the Member State up to EUR 40 000 over any period of three fiscal years, provided that the Member State maintains 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 during any three-fiscal-year period.

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 shall apply irrespective of the form of the de minimis aid or the objective pursued by it, and regardless of whether it is financed wholly or partly from Union resources. 

Common note: For the calculation of the periods, the period in which the aid is recognized will be taken into account, regardless of when it is collected (imputation criterion that is applied to current subsidies).

Monitoring and control of tax benefits.

  • The Joint Committee on 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 responsible for 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 produced annually, and an effectiveness check will be carried out in 2028 to determine whether the economic objectives pursued by the tax benefits have been achieved. The implementation of these objectives, as well as the body responsible for carrying out the effectiveness control, will be determined by regulation.

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