Waiver and non-compliance with the scheme

Regulation: Articles 117 LIS and 54 RIS

Taxpayer may waive the application of the regime. The waiver must be submitted before the end of the tax period for which it is intended to take effect.

Failure to comply with the requirements in this regime will entail the cessation of the effects of the corresponding authorization and the loss of all tax benefits derived from it, and the following must be paid, together with the quota for the tax period in which the failure occurred, the full quotas corresponding to the amounts that should have been paid applying the general regime of this Tax, in all periods to which the authorization was applicable, without prejudice to any late payment interest, surcharges and penalties that may be applicable.

Failure to with the conditions of the regime or waiver of its application will prevent a new application made until minimum of 5 years have elapsed.

Article 113.3 of the LIS establishes condition that, when the special regime is applicable to taxpayers with vessels not registered in Spain or in another Member State of the European Union or the European Economic Area, the increase in the percentage of the net tonnage of said vessels with respect to the total fleet of the entity covered by said regime, whatever its cause, will not prevent its application, provided that the average percentage of the net tonnage of vessels registered in Spain or in another Member State of the European Union with respect to the total net tonnage referring to the year prior to the moment in which said increase occurs, is maintained during the period of the 3 years thereafter. This condition shall not apply when the percentage of net tonnage of vessels registered in Spain or in another Member State of the European Union is at least 60 percent.