Bonuses

Regulation: Article 49 LIS

1. Bonus percentage

40 percent for tax periods beginning on or after January 1, 2022 (85 percent in the original wording of article 49 of the LIS).

2. Bonified rents

Income derived from the leasing of housing. The income to be subsidized from leasing will be comprised for each dwelling by the total income obtained, less the tax-deductible expenses directly related to obtaining said income and the part of the general expenses that correspond proportionally to said income.

In the case of homes that have been acquired under financial leasing contracts (Chapter XII of Title VII of the LIS), the corrections derived from the application of the aforementioned special regime will not be taken into account to calculate the rent that is subsidized.

3. Bonus basis

The portion of the full tax rate that corresponds to income derived from the leasing of homes that meet the requirements of article 48 of the LIS.

4. Incompatibility

This bonus, in relation to subsidized income, is incompatible with the application of the capitalization reserve.

5. Dividends from subsidized income

In the case of dividends or shares in profits distributed from income to which this bonus has been applied, the exemption provided for in article 21 of the LIS to avoid double taxation of dividends will be applied to 50 percent of their amount. These dividends or profit shares will not be subject to elimination when the entity pays taxes under the fiscal consolidation regime. For these purposes, the first distributed profit will be considered to come from non-subsidized income.

6. Transfer of shares of entities covered by the special regime

The general rules of Corporate Income Tax shall apply to income obtained from the transfer of shares in the capital of entities that have applied the special regime. However, in the event that Article 21 of the LIS is applied, the portion of the income that corresponds to reserves from undistributed profits will be entitled to the exemption provided for therein on 50 percent of said reserves. Such income will not be subject to elimination when the transfer corresponds to an internal operation within a tax group.