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Practical Manual of Companies 2020.

Port authorities

In the sixth Final Provision of Royal Decree-Law 26/2020, of July 7, on economic reactivation measures to address the impact of COVID-19 in the areas of transport and housing , with effects for the tax periods that begin on January 1, 2020 that have not concluded on July 9, 2020 (date of entry into force of this Royal Decree-Law ), the following modifications are introduced in the LIS in relation to the tax regime provided for port Authorities:

  • In order to comply with Commission Decision C (2018) 8676 final, of January 8, 2019, relating to the taxation of ports in Spain, port authorities are eliminated from the list of entities partially exempt from article 9.3 of the LIS . In this way, the port authorities stop applying the tax for partially exempt entities regulated in Chapter

    The reference made to them in letter a) of article 110 of the LIS is also eliminated, regarding the type of income that is considered not to come from the performance of economic activities.

  • A new deduction is introduced in article 38 bis of the LIS in the full quota for which The port authorities can deduct from it:

    • Investments and expenses related to certain infrastructures, services, actions, accesses, security and protection plans and facilities, listed in letter a) of the aforementioned article.

    • Investments and expenses made for the construction, replacement or improvement of seaport infrastructure, for the construction, replacement or improvement of access infrastructure thereto or for dredging activities in the terms established in Chapter I and in articles 56 ter and 56 quater of Commission Regulation ( EU ) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market.

    • Investments that exceed the thresholds established in letters ee) and ff) of article 4.1 of Regulation (EU) No. 651/2014 may be deducted to the extent that the European Commission has declared their compatibility with the internal market in accordance and they are met the conditions established by the Commission in the corresponding Decision.

  • In relation to the new deduction of article 38 bis of the LIS, a new assumption of non-deductible expense is established in article 15 n) of the LIS , according to which those expenses that are the subject of the deduction regulated in said article 38 bis of the LIS will not be deductible, including those corresponding to the amortization of the assets whose investment has generated the right to the aforementioned deduction.