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Practical Handbook for Companies 2021

Special reinvestment plans

When it is proven that, given its technical characteristics, the investment or its entry into operation will be undertaken over a period longer than indicated above, taxpayers may submit special reinvestment plans.

The requirements for applications for these special plans and the procedure for their authorisation are set out in Articles 39 and 40 of the former Tax Regulation, approved by Royal Decree 1777/2004 of 30 July 2004.

A tener en cuenta:

As established in section seven of the twenty-fourth transitory provision of the LIS, the limit of article 39 of the LIS shall also apply to the deduction for reinvestment of extraordinary profits regulated in article 42 of the RDLeg. 4/2004 as amended for tax periods starting prior to 1 January 2015, with the deduction being taken into account for the purposes of calculating the aforementioned limit.

For entitles with entitlement to deductions for domestic double taxation yet to be applied pursuant to Article 30 of Royal Legislative Decree4/2004, as amended for tax periods starting prior to 1 January 2015, the limit in the last paragraph of Article 39.1 of the Corporation Tax Law will be applied to the gross tax liability less the deductions to avoid domestic and international double taxation and the allowances applied.