Minimum taxation

Law 22/2021, of December 28, on the General State Budgets for the year 2022, with effects for tax periods starting on January 1, 2022, establishes in article 30 bis of LIS a minimum taxation of 15 percent of the tax base for those taxpayers with a net turnover equal to or greater than twenty million euros and in any case, for those who pay taxes under the tax consolidation regime.

For these purposes, the liquid quota may not be less than the result of applying 15 percent to the tax base, reduced or increased by the leveling reserve, and reduced by the Reserve for investments in the Canary Islands. This fee will be minimum liquid fee .

The provisions of the previous paragraphs will not apply to taxpayers who pay taxes at the tax rates of 10 percent, 1 percent and 0 percent provided for in sections 3, 4 and 5 of article 29 of the LIS, nor to the SOCIMI .

The minimum tax rate referred to of 15 percent will be 10 percent for newly created entities, whose general rate is 15 percent, and 18 percent for credit and exploration, research and exploitation of deposits entities. and underground hydrocarbon storage whose general rate is 30 percent. 

In the case of cooperatives , the minimum liquid quota may not be less than the result of applying 60 percent to the full quota calculated in accordance with the provisions of Law 20/1990, of December 19, on the Fiscal Regime of Cooperatives.

In the entities of the Canarian Special Zone , the positive tax base on which the percentage referred to in this section is applied will not include the part of it corresponding to the operations carried out materially and effectively in the geographical scope of said Zone that is taxed at the special tax rate regulated in article 43 of Law 19/1994, of July 6, modifying the Economic and Fiscal Regime of the Canary Islands.

You can consult the rules for determining the minimum liquid quota in Chapter 6 of this Practical Manual.