Requirements

• The deduction will be applied to the profits obtained in the year, not including the accounting for Corporate Tax, that are invested in new elements of tangible assets or real estate investments, provided that they are used for economic activities and the conditions established in the article are met. 37 of RDLeg. 4/2004.

  Investment in new elements may also be made through a financial leasing contract.

• In general, the investment must be made within the period between the beginning of the tax period in which the profits being invested are obtained and the two subsequent years. Exceptionally, the taxpayer may request the Tax Administration to approve a special investment plan.

• The investment will be understood to have been made on the date on which the assets are made available, even for those that are the subject of the financial leasing contracts referred to in section 1 of the seventh Additional Provision of Law 26. /1988, July 29. However, in the latter case, the deduction will be conditional, with a resolutive nature, on the exercise of the purchase option.

• Entities that apply this deduction must provide a reserve for investments, for an amount equal to the deduction base, which will be unavailable as long as the assets in which the investment is made must remain in the entity.

  The reserve for investments must be allocated from the profits of the year whose amount is the object of investment.

• The assets subject to investment must remain in operation in the entity's assets, except for justified loss, for a period of 5 years, or during their useful life if shorter.

  However, the deduction will not be lost if the transfer of the assets subject to investment occurs before the end of the period indicated in the previous paragraph and the amount obtained or the net book value, if lower, is invested under the terms established in article 37 of the RDLeg. 4/2004.

• Until the period established for maintaining the investment is met, the taxpayer must record information on: the amount of benefits eligible for the deduction and the year in which they were obtained; the unavailable reserve that must be included; Identification and amount of the purchased items; and the date or dates on which the elements have been acquired and affected the economic activity.

Failure to comply with any of the requirements set out in article 37 of the RDLeg. 4/2004 will determine the loss of the right to this deduction, and its regularization in the manner established in article 137.3 of the aforementioned rule.