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Practical Manual of Companies 2020.

Calculation of the taxable base

Re regulation: Article 44 Law 19/1994

  1. To determine the part of the tax base of the ZEC entity that, for the purposes of applying the special tax rate, is derived from operations carried out materially and effectively in the geographical scope of the ZEC, the percentage resulting from multiplying by one hundred the result of a fraction in which they appear will be applied to the entity's tax base:

    1. In the numerator , with positive sign:

      • The transfers of tangible personal property carried out within the geographical scope of the ZEC.

      • The transfers of real estate assets that form part of the fixed assets affected by the activity, including the real rights over them, when the assets are located in the geographical area of the ZEC.

      • The provision of services that are carried out with the means of the entity that are located within the scope of the ZEC.

      • The operations carried out from the activity centers of the ZEC entity located in the geographical area of the ZEC intended for its branches located outside said geographical area, when they have been used by the branch for the delivery of goods or the provision of services to third parties.

    2. In the numerator , with negative sign :

      • The operations received by the activity centers of the entity of the ZEC located in the geographical scope of the ZEC from its branches located outside said geographical area provided that they have been used by the ZEC entity for the delivery of goods or the provision of services to third parties.

      • The transfers of assets acquired by the ZEC entity from entities that do not have the status of ZEC entity as a result of operations under the special regime regulated in Chapter VII of the Title VII of the LIS .

    3. The denominator will include the amount of the total of the income and other positive components of the tax base of the ZEC entity.

    The percentage resulting from the previous fraction is rounded to the nearest unit.

  2. The special tax rate of 4 percent will apply exclusively to the part of the tax base that matches the lower of the following amounts:

    1. The amount resulting from applying the percentage determined in section 1 to the tax base

    2. The amount resulting from the application of the following rules:

      • 1,800,000 euros, for those ZEC entities that meet the minimum job creation requirement provided for in article 31.2.e) of Law 19/1994.

      • An additional 500,000 euros for each job that exceeds the minimum indicated, up to 50 jobs.

      • The creation of jobs above 50, as well as that referred to in the two previous rules, will be subject, in any case, to the following limit: The reduction of the full amount in each tax period, after the application of the special rate applicable in the ZEC, in relation to the general rate of Corporate Tax may not be greater than 30 percent of the net amount of the company's turnover. ZEC entity.