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Practical Handbook for Companies 2021

Waiver and non-compliance with the scheme

Regulation: Articles 117 LIS and 54 RIS

The taxpayer may renounce to the application of the scheme.The renunciation will be presented before the end of the tax period in relation that is intended to take effect.

Failure to comply with the requirements established in this system will entail the cessation of the effects of the corresponding authorisation and the loss of all the tax benefits derived from it, and the taxpayer will have to pay, together with the tax liability for the tax period in which the non-compliance occurred, the full amounts corresponding to the amounts that should have been paid applying the general system of this Tax, in all the periods to which the authorisation was applicable, without prejudice to the interest for late payment, surcharges and penalties that may be applicable, where appropriate.

Failure to comply with the conditions of the scheme or renunciation of its application, will prevent a new application until a minimum of 5 years have elapsed .

Article 113.3 of the LIS establishes the condition that, when the special regime is applicable to taxpayers with vessels not registered in Spain or in another Member State of the European Union or of the European Economic Area, an increase in the percentage of net tonnage of these vessels with respect to the total fleet of the entity covered by the regime, whatever the cause, shall not prevent the application of the regime, provided that the average percentage of net tonnage of vessels registered in Spain or in another Member State of the European Union with respect to the total net tonnage referring to the year prior to the moment when the increase occurs, is maintained during the following 3-year period.This condition cannot be applied when the tonnage net ships registered in Spain or another member state of the European Union is at least 60 per cent.

Failure to comply with this condition will entail the loss of the regime for those additional vessels that motivated the increase, and the regularisation established above will be applied exclusively to those vessels.

When such an increase was due to the deregistration of vessels registered in Spain or in another Member State of the European Union, the regularisation will correspond to these vessels for all the tax periods in which they were included in this regime.