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Practical Handbook for Companies 2021

Determination of the taxable base

Regulation:Article 44 Law 19/1994

  1. To determine the part of the tax base of the entity of the ZEC which, for the purposes of applying the special rate of taxation, is derived from operations materially and effectively carried out in the geographical area of the ZEC, the percentage resulting from multiplying by one hundred the result of a fraction in which they appear shall be applied to the tax base of the entity:

    1. In the numerator , with positive sign:

      • The transfers of movable tangible property carried out within the geographical area of the ZEC.

      • The transfers of real estate which form part of the fixed assets assigned to the activity, including the rights in rem over them, when the assets are located in the geographical area of the ZEC.

      • The services provided with the entity's resources which are located within the ZEC.

      • The operations carried out from the centres of activity of the ZEC entity located in the geographical area of the ZEC destined for its branches located outside this geographical area, when these have been used by the branch for the delivery of goods or the provision of services to third parties.

    2. At numerator, with negative sign:

      • The transactions received by the centres of activity of the ZEC entity located in the geographical area of the ZEC from its branches located outside this geographical area, provided that they have been used by the ZEC entity for the delivery of goods or the provision of services to third parties.

      • The transfers of assets acquired by the ZEC entity from entities that are not ZEC entities as a result of transactions under the special regime regulated in Chapter VII of Title VII of the LIS.

    3. In the denominator the amount of the total income and other positive components of the tax base of the ZEC entity will be included.

    The percentage resulting from the above fraction is rounded up to the next higher unit.

  2. The special tax rate of 4 per cent shall be applied exclusively to the part of the tax base that coincides with the lower of the following amounts:

    1. The amount resulting from applying to the taxable base the percentage determined in paragraph 1.

    2. The amount resulting from the application of the following rules:

      • 1,800,000 euros, for those entities in the ZEC which meet the minimum job creation requirement established in Article 31.2.e) of Law 19/1994.

      • An additional 500,000 euros for each post above the minimum, up to 50 posts.

      • The creation of jobs above 50, as well as that referred to in the two previous rules, shall in any case be subject to the following limit:the reduction in the gross tax payable in each tax period, after application of the special rate applicable in the ZEC, in relation to the general rate of corporate income tax may not exceed 30% of the net turnover of the ZEC entity.