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Practical Manual of Companies 2023.

Other freedom to depreciate cases

a) Public limited companies and labor limited companies 

Regulation: Article 12.3 a) LIS

The elements of tangible and intangible fixed assets and real estate investments of public limited companies and limited labor companies affected by the performance of their activities, acquired during the first five years from the date of their classification as such, may be freely amortized.

b) Priority associative exploitations

Regulation: Article 12.3 d) LIS

The elements of tangible or intangible fixed assets of entities that are classified as priority associative holdings may be freely amortized in accordance with the provisions of Law 19/1995, of July 4, on the modernization of agricultural holdings, acquired during the first five years from the date of its recognition as priority exploitation.

c) Automotive industrial sector

Regulation:  DA 16 LIS

Investments made in the electric, sustainable or connected mobility value chain in the industrial sector may be freely amortized, which may be made in the tax periods ending between April 2, 2020 and June 30, 2021.

For these purposes, investments in new elements of tangible assets that involve sensorization and monitoring of the production chain may be freely amortized, as well as the implementation of manufacturing systems based on modular platforms or that reduce the environmental impact, affecting the industrial sector of automotive, made available to the taxpayer and that come into operation between April 2, 2020 and June 30, 2021, provided that, during the 24 months following the start date of the tax period in which the acquired elements come into operation operation, the total average workforce of the entity is maintained compared to the average workforce of 2019.

Therefore, if these investments have not been fully amortized for tax purposes in the tax periods ending between April 2, 2020 and June 30, 2021, the part that has not been amortized for tax purposes will not be able to be freely amortized in the tax periods. following taxes.

The properties will not be able to benefit from the freedom of depreciation regulated in this provision.

The maximum amount of the investment that may benefit from the freedom of amortization regime will be 500,000 euros.

For the application of this assumption of freedom of amortization, taxpayers must provide reasoned report issued by the Ministry of Industry, Commerce and Tourism to qualify the taxpayer's investment as suitable. Said report will be binding for the Tax Administration. This measure falls under the Temporary National Framework on aid measures to support the economy in the context of the current outbreak of COVID-19 , following European Commission Decisions SA56851(2020 /N), of April 2, 2020, SA.57019 (2020/N), of April 24, 2020, and SA.58778 (2020/N), of October 22, 2020.

This assumption of freedom of amortization is incompatible with the assumption of freedom of amortization established in article 102 of the LIS for small entities, so these entities will have to choose to apply one of the two tax incentives.

d) Facilities that use energy from renewable sources

Regulation: DA 17 LIS

The investments made in facilities may be freely amortized in the tax periods that begin or end in 2023 and 2024:

  • Intended for self-consumption of electrical energy that use energy from renewable sources in accordance with what is defined in Royal Decree 244/2019, of April 5 .

  • For thermal use for own consumption that use energy from renewable sources , that replace installations that use energy from non-renewable fossil sources and that are installed available to the taxpayer from the entry into force of Royal Decree-Law 18/2022, of October 18.

- Requirements

  • They must be made available to the taxpayer as of 11-20-2022 (entry into force of Royal Decree-Law 18/2022, of October 18) and enter in operation in 2023 and 2024.

  • During the 24 months following the start date of the tax period in which the acquired elements come into operation, the total average workforce of the entity must be maintained compared to the average workforce of the previous twelve months.

    For the calculation of the entity's total average workforce, the people employed will be taken, in the terms provided by labor legislation, taking into account the contracted day in relation to the full day.

    In the event of failure to comply with the obligation to maintain the template , the taxpayer must pay the full amount that would have corresponded to the amount deducted in excess plus late payment interest along with the corresponding self-assessment. to the tax period in which the obligation was breached.

  • Be in possession, as applicable, of the following documentation proving that the investment uses energy from renewable sources:

    • In the case of generation of electrical energy , the Exploitation Authorization and, in the case of facilities with surpluses, the accreditation of the registration in the Administrative Registry of electrical energy production facilities (RAIPREE) or, in the case of installations of less than 100kW, the Electrical Installations Certificate (CIE) in accordance with the Low Voltage Electrotechnical Regulation, in accordance with the provisions of Royal Decree 244/2019, of April 5 .

    • In the case of renewable gas production systems (biogas, biomethane, renewable hydrogen), the accreditation of registration in the Registry of gas production facilities from renewable sources regulated in the article 19 of Royal Decree 376/2022, of May 17.

    • In the case of thermal renewable energy generation systems (heat and cold) industrial or process , accreditation of registration in the registry or report of the competent body in the Autonomous Community.

    • In the case of thermal renewable energy generation systems (heat and cold) for air conditioning or domestic hot water generation , energy efficiency certificate issued by the competent technician after the investments have been made, indicating the incorporation of these systems with respect to the certificate issued before the beginning of the investments.

– Maximum amount

The maximum amount of investment that can benefit from this tax incentive is 500,000 euros .

– Exceptions

They cannot benefit from this assumption of freedom of amortization:

  • Buildings.

  • Installations that are mandatory under the regulations of the Technical Building Code, approved by Royal Decree 314/2006, of March 17, unless the installation has a nominal power greater than the minimum required, in which case it may The part of the installation cost proportional to the installed power above that required minimum will be subject to this incentive.

This assumption of freedom of amortization is incompatible with the assumption of freedom of amortization of article 102 of the LIS provided for small entities, so these entities must choose to apply one of the two tax incentives.

– What is considered renewable energy?

  • That coming from non-fossil renewable sources , that is, wind energy, solar energy (solar thermal and solar photovoltaic) and geothermal energy, ambient energy, tidal energy, wave energy and other types of energy ocean energy, hydropower and energy from biomass, landfill gases, wastewater treatment plant gases, and biogas, as defined in Directive (EU) 2018/2001.

  • In the case of electrical energy production facilities , only renewable energy will be considered that which comes from facilities in category b) of article 2.1 of Royal Decree 413/2014, of 6 June.

  • In the case of installations that use electrically driven heat pumps only their use for heat will be considered renewable energy based on a seasonal factor performance (SCOPnet) of 2.5 in accordance with the Commission Decision 2013/114/EU of March 1, 2013.

    In the event that such pumps are used for cold , they will only be considered to produce renewable energy when the refrigeration system operates above the minimum efficiency requirement expressed as a primary seasonal performance factor and this is at least 1.4 (SPFplow), in accordance with the provisions of Commission Delegated Regulation (EU) 2022/759 of December 14, 2021 amending Annex VII of Directive (EU) 2018 /2001.

  • In the case of thermal renewable energy generation systems (heat and cold) for air conditioning or domestic hot water generation, it will only be understood that the consumption of non-renewable primary energy has been improved when the non-renewable primary energy consumption indicator is reduced by at least 30 percent, or an improvement in the energy rating of the facilities is achieved to obtain an energy class "A" or "B", on the same rating scale .

    Filling in form 200

    When the freedom of amortization is applied or has been applied to any of the elements referred to in the aforementioned letters a) and d) of article 12.3 and the sixteenth and seventeenth additional provisions of the LIS, the following adjustments must be made in the boxes [00309] and [00310] «Other assumptions of freedom of amortization (art. 12.3 a) and d) and DA 16, and 17 LIS )» on page 12 of model 200:

    • In box [00310] of reductions, the excess of amortization that results from the accounting amortization relating to any of the elements or investments referred to will be recorded. tax deductible in the tax period subject to declaration.

    • In box [00309] of increases, the amount of amortization relating to any of the elements or investments referred to, recorded in the tax period object of declaration and which, by application of the referred tax rules, had already been deducted in previous tax periods through the corresponding decrease or negative adjustment to the accounting result. Likewise, in the event of transmission of element that has taken advantage of the freedom of amortization, in the tax period in which it is transferred, the amount of the negative adjustments made must be included in this box. previously and that have not yet been positively integrated into the tax base.