Calculation of the taxable base by the objective assessment method
1.Calculation of the tax base for activities under the special scheme
Regulation: Articles 114.1, 114.2 and 114.3 LIS
The entities covered by this special scheme shall determine the part of the taxable base corresponding to the operation, ownership or technical and crew management of the vessels that meet the requirements detailed in the previous section, by applying the following scale to the net registered tonnage of each of these vessels :
|Register tonnes net||Daily amount per 100 tonnes|
|Between 0 and up to 1,000||0.90 euros|
|Between €1,001 and up to 10,000||0.70 euros|
|Between 10,001 and up to 25,000||0.40 euros|
|Since 25,001||0.20 euros|
Note: For the application of the scale, the days of the tax period on which the vessels are at the disposal of the taxpayer or on which he has carried out the technical and crew management shall be taken, excluding the days on which they are not operational as a result of ordinary or extraordinary repairs.
The part of the taxable base which is determined by the application of this scale:
It will include the income derived from the services of pilotage, towing, mooring and unmooring, provided to the vessel under this regime, when the vessel is used by the entity itself, as well as the services of loading, unloading, stowing and unstowing related to the cargo of the vessel transported in it, provided that they are invoiced to the user of the transport and are provided by the entity itself or by a third party not linked to it.
This will include the positive or negative income that becomes apparent as a result of the transfer of a vessel subject to this regime, provided that it does not concern vessels already owned when accessing this special regime or used vessels acquired after its application began.
It may not be offset (except for income generated on the transfer of vessels already owned when the special regime was introduced or used vessels acquired after the special regime was introduced), against tax losses arising from the rest of the shipping company's activities, either in the current or previous years, or against tax losses pending offset at the time the regime was introduced.
The application of this scheme shall cover all vessels of the applicant which comply with the requirements of this scheme, and vessels acquired, leased or operated after the authorisation, provided that they comply with these requirements.
Also eligible for this regime are vessels chartered, provided that the sum of their net tonnage does not exceed 75 per cent of the total fleet of the entity or, as the case may be, of the tax group subject to the regime.In the case of entities taxed under the tax consolidation regime, the application must refer to all the entities of the tax group that meet the requirements of article 113 of the LIS.
Transfer of vessels already owned at the time of access to the special regime or used vessels acquired after its application has started.
In such cases, the following procedure should be followed:
In the first financial year in which the scheme applies, or in which the used vessels have been acquired, shall set up a restricted reserve for an amount equal to the positive difference between the normal market value and the net book value of each of the vessels affected by this rule, or shall specify this difference separately for each of the vessels and for all the financial years in which ownership of the vessels is maintained, in the notes to its annual accounts.
In the case of ships acquired through a transaction to which the special regime for mergers, spin-offs, contributions of assets and exchange of securities (Chapter VII of Title VII of the LIS) has been applied, the net book value shall be determined on the basis of the acquisition value at which it appears in the accounts of the transferring entity.
Failure to comply with with the obligation not to make use of the reserve or with the obligation to mention it in the annual report shall constitute a serious tax offence and shall be punishable by a fine of 5 per cent of the amount of the aforementioned difference.
The amount of this positive reserve, together with the positive difference existing at the date of the transfer between the tax and accounting depreciation of the vessel disposed of, will be added to the tax base determined using the scale detailed above when the said transfer has taken place.
The same applies if the vessel is transferred, either directly or indirectly, as part of a transaction to which the special regime for mergers, spin-offs, contributions of assets and exchange of securities (in Chapter VII of Title VII of the LIS) applies.
2.Calculation of the tax base for other activities not covered by the special scheme
Regulation: Article 114.4 LIS
The determination of the part of the taxable base corresponding to these activities will be carried out by applying the general tax system, taking into account exclusively the income from these activities.
This part of the taxable base shall be made up of all income not derived from activities covered by the scheme, of the expenses directly related to obtaining such income, and of the part of the general administrative expenses corresponding proportionally to the turnover generated.
In the case of the dredging activity, this part of the taxable base will include the income from that activity not covered by the special scheme.