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Practical Manual of Companies 2021.

Objective delimitation

Regulation: Article 113.2 LIS

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

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

    Strategic and commercial management is understood to be, the assumption by the owner of the vessel or the lessee of the control and risk of the activity of maritime navigation or work at sea.

  2. Be suitable for maritime navigation and be intended exclusively for transport activities of goods, passengers, rescue and other services necessarily provided at sea, without prejudice to what is indicated in letter c) below.

  3. In the case of vessels destined for towing activity it will be necessary that less than 50 percent of the income for the tax period come from activities carried out in ports and in assisting a self-propelled vessel to reach port. In the case of vessels with dredging activity it will be necessary that more than 50 percent of the income for the tax period come from the transportation activity and deposit of extracted materials on the seabed, reaching this regime exclusively for this part of its activity.

    In both cases, for the entities that grant the use of these vessels , this requirement will be deemed met when they 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 intended for towing and dredging activities, must be registered in Spain or in another member state of the European Union or the European Economic Area.