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Practical Handbook for Companies 2021

Objective delimitation

Regulation: Article 113.2 LIS

The vessels whose operation enables the application of this special regime must meet the following requirements :

  1. strategically and commercially managed from Spain or from the rest of the European Union or the European Economic Area.

    Strategic and commercial management means,, the assumption by the shipowner or lessee of the control and risk of the maritime navigation or offshore activity.

  2. To be suitable for maritime navigation and to be intended exclusively for transport activities of goods, passengers, rescue and other services necessarily provided at sea, without prejudice to the following point (c).

  3. In the case of vessels engaged in the towing activity less than 50 per cent of the income for the tax period shall be derived from activities carried out in ports and in the provision of assistance to a self-propelled vessel to reach port.In the case of vessels with dredging activity it will be necessary that more than 50 per cent of the income for the tax period comes from the activity of transporting and depositing extracted materials on the seabed, with this regime applying exclusively to this part of their activity.

    In both cases, for the entities that cede the use of these vessels, this requirement will be understood to be met when they can justify that the income of the entity that carries out the towing or dredging activity meets those percentages in each of the tax periods in which this regime is applicable to those entities.

    Vessels used for towing and dredging activities, must be registered in Spain or in another member state of the European Union or the European Economic Area.