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Practical Manual for Companies 2021.

Calculation of the taxable base

Re regulation: Article 44 Law 19/1994

  1. To determine the part of the tax base of the entity of the ZEC that, for the purposes of applying the special tax rate, is derived from operations carried out materially and effectively within the geographic area of the ZEC, the percentage resulting from multiplying by one hundred the result of a fraction that includes the following will be applied to the entity's tax base:

    1. In the numerator , with positive sign:

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

      • The transfers of real estate that form part of the fixed assets assigned to the activity, including real rights thereto, when the assets are located within the geographical area of the ZEC.

      • The services provided using the entity's resources located within the scope of the ZEC.

      • The operations carried out from the activity centers of the ZEC entity located within the geographic area of the ZEC destined for its branches located outside said geographic area, when they have been used by the branch for the delivery of goods or the provision of services to third parties.

    2. In the numerator , with negative sign :

      • The operations received by the activity centers of the ZEC entity located within the geographic area of the ZEC from its branches located outside said geographic 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 do not have the status of a ZEC entity as a result of operations covered by the special regime regulated in Chapter VII of Title VII of the LIS .

    3. The denominator include the amount of all income and other positive components of the taxable base of the ZEC entity.

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

  2. The special tax rate of 4 percent will apply exclusively to the part of the tax base that corresponds to the lowest of the following amounts:

    1. The amount resulting from applying the percentage determined in section 1 to the tax base.

    2. The amount that results from the application of the following rules:

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

      • An additional 500,000 euros for each job exceeding the minimum indicated, up to 50 jobs.

      • The creation of jobs above 50, as well as that referred to in the two previous rules, will be subject, in all cases, to the following limit: The reduction of the total tax rate in each tax period, after applying the special rate applicable in the ZEC, in relation to the general rate of Corporate Tax, may not exceed 30 percent of the net amount of the turnover of the ZEC entity.