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Practical Manual of Companies 2022.


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. Subsidized income

Income derived from the rental of housing. The income to be subsidized derived from the lease will be made up for each home by the full income obtained, reduced by the tax-deductible expenses directly related to obtaining said income and by 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

3. Bonus Basis

The part of the full amount of the Tax that corresponds to the income derived from the rental of homes that meet the requirements of article 48 of the LIS.

4. Incompatibility

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

5. Dividends charged to subsidized income

In the case of dividends or shares in profits distributed from the 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 apply to 50 percent of your amount. Such dividends or participation in profits will not be subject to elimination when the entity is taxed under the tax consolidation regime. For these purposes, the first distributed benefit will be considered to come from unsubsidized income.

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

The general rules of Corporate Tax will apply to the income obtained from the transfer of shares in the capital of entities that have applied the special regime. However, if the application of article 21 of the LIS applies, the part of the income that corresponds to reserves from subsidized undistributed profits will be entitled to the exemption provided 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.