Waiver and non-compliance with the scheme

Regulation: Articles 117 LIS and 54 of RIS

Taxpayer may waive the application of the regime. The waiver will be submitted before the end of the tax period for which it is intended to have effect.

The failure to comply with the requirements established in this regime will imply the cessation of the effects of the corresponding authorization and the loss of all the tax benefits derived from it, having to pay, together with the quota of the tax period in which the non-compliance occurred, the full quotas corresponding to the amounts that should have been paid applying the general regime of this Tax, in all the periods to which the authorization was applicable, without prejudice to the late payment interest, surcharges and penalties that, if applicable, are appropriate.

Failure to comply with the conditions of the regime or waiver of its application, will prevent a new application from being made until a minimum of 5 years has elapsed.

article 113.3 of the LIS establishes the condition that, when the special regime is applicable to taxpayers with vessels not registered in Spain or in another State member of the European Union or the European Economic Area, the increase in the percentage of the net tonnage of said vessels with respect to the total fleet of the entity covered by said regime, whatever its cause, will not prevent the application of the same, provided that the average percentage of the net tonnage of ships registered in Spain or in another Member State of the European Union with respect to the total net tonnage referring to the year prior to the moment in which said increase occurs, is maintained during the period of the subsequent 3 years . This condition will not apply when the percentage of the net tonnage of vessels registered in Spain or in another Member State of the European Union is at least 60 percent.