Other general deductions from previous years

General deductions from previous years for business investment

When in a year subsequent to the one in which the deductions for business investment had been applied, non-compliance occurs with any of the requirements established in the regulations governing Corporate Tax to consolidate the right to said deductions, the regularization must be carried out by the person themselves. taxpayer in the declaration for the financial year in which the non-compliance occurred, adding to the net amount of the tax, 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.

The same procedure will be followed in the event of non-compliance with the obligations required for the reserve for investments in the Canary Islands or the deduction for income derived from the sale of tangible assets produced in the Canary Islands and, from January 1, 2023, for the reserve for investments in the Balearic Islands and the deduction for income derived from the sale of tangible assets produced in the Balearic Islands, applicable during the years 2023 to 2028.

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 making donations of goods or works of art in favor of foundations or associations declared of public utility included in the scope of application of Law 30/1994, of November 24, on Foundations and of Fiscal Incentives for Private Participation in Activities of General Interest, or in the scope of application of Law 49/2002, of December 23, on the Fiscal 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 Spanish Historical Heritage and World Heritage

The loss of the right to deductions made in previous years for the aforementioned concepts may occur due to non-compliance with the requirement of permanence of the assets of the Spanish Historical Heritage in the assets of the acquirer for a period of four years.

See, within Chapter 16, when examining this deduction the period of permanence of these assets in the assets 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 requirements. Among others, the following:

• When a subsidy is granted and the subsidized amounts correspond to amounts that have formed part of the basis of the deduction. 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). 

• When the works have been carried out in a home expected to be rented and the requirement that the home be rented before December 31, 2024 is not met.

• Having included in the deduction base amounts paid for works carried out on homes or parts of them or properties excluded from the deduction.

Deduction for the acquisition of “plug-in” electric vehicles and fuel cells

The loss of the right to this deduction may occur due to failure to comply with the requirements to consolidate it. Among others, the following:

• Not having acquired the vehicle before the end of the second tax period immediately following the one in which the amount on account corresponding to at least 25 percent of the acquisition value of the vehicle has been paid.

• When, after its acquisition, the vehicle has been affected by economic activity.

• When a subsidy is granted and the subsidized amounts correspond to amounts that have formed part of the basis of the deduction. In this case, once the final resolution on its granting has been received, 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). 

• That the sale price of the purchased vehicle (before VAT or IGIC ) exceeds the maximum amounts established, if applicable, for each type of vehicle in Annex III of Royal Decree 266/2021, of April 13, which approves the direct granting of aid to the autonomous communities and the cities of Ceuta and Melilla for the execution of incentive programs linked to electric mobility ( MOVES III) within the framework of the European Recovery, Transformation and Resilience Plan, calculated in the terms established in said standard.

Deduction for the installation of charging infrastructure

The loss of the right to this deduction may occur due to failure to comply with the requirements to consolidate it. Among others, the following:

• When the deduction has been made without deducting a subsidy from the deduction base because the granting of the subsidy is pending final resolution, and it has finally been granted, the tax situation must be regularized so that it is not included in the deduction base. the amounts corresponding to said subsidy (with the maximum annual deduction base as a limit). Unlike the deduction for the acquisition of new electric vehicles, the taxpayer must not deduct the amount of the subsidy from the deduction base until they receive a final resolution on the granting of the requested aid.

• When, after the installation of the charging point, the economic activity has been affected by the battery charging systems referred to in the fifty-eighth Additional Provision of the Personal Income Tax Law.

• Not having the authorizations and permits established in current legislation for the installation of charging points.

Note: Please note that, since the deductions for the acquisition of new electric vehicles and the installation of charging infrastructures have come into force in fiscal year 2023, the loss of the right to practice them cannot occur in this fiscal year.