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Practical Income Manual 2023.

2. General deduction regime

The business investments that determine the right to deduct for this concept are contained in articles 35, 36, 38 and, from January 1, 2023, in the new article 38 ter of the LIS .

Regarding LIS see Law 27/2014, of November 27, on Corporate Tax.

Furthermore, in accordance with the provisions of section 5 of the twenty-fourth transitional provision of the LIS , it is applicable to the investment deduction of article 37 of the consolidated text of the Corporate Tax Law, approved by Royal Legislative Decree 4/2004, in those cases in which the investment in assets affected by economic activities is carried out in accordance with a special investment plan approved by the Administration tax at the proposal of the taxpayer and said plan allows the net returns from economic activities of the 2014 tax period to be invested in new elements of tangible fixed assets or real estate investments in the year 2023.

Below is the table showing each of these deduction modalities, their deduction percentage and the joint limit, as well as a study and specific comment on each of them:

  1. General deduction regime table (Law 27/2014, of November 27, on Corporate Tax)
  2. Article 35 LIS "Deduction for research and development and technological innovation activities"
  3. Article 36 LIS "Deduction for investments in cinematographic productions, audiovisual series and live performances of performing and musical arts"
  4. Deduction for investment of profits (previous art. 37 TRLIS)
  5. Article 38 LIS "Deduction for job creation for workers with disabilities"
  6. Article 38 ter LIS "Deduction for business contributions to corporate social security systems"
  7. Article 39.1 LIS (Joint limit)