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Practical Manual for Companies 2023.

Special reinvestment plans

When it is proven that, due to its technical characteristics, the investment or its entry into operation must necessarily be carried out within period longer than indicated above, taxpayers may present special reinvestment plans.

The requirements for applications for these special plans and the procedure for their authorization are those established in articles 39 and 40 of the old Tax Regulations, approved by Royal Decree 1777/2004, of July 30.

Keep in mind:

As established in the seventh section of the twenty-fourth transitional provision of the LIS , the limit of article 39 of the LIS will also apply to the deduction for reinvestment of extraordinary profits regulated in article 42 of the RDLeg. 4/2004 as currently in force in tax periods beginning before 1 January 2015, said deduction being taken into account for the purposes of calculating the aforementioned limit.

In the case of entities that have deductions for internal double taxation pending application arising from the application of article 30 of the RDLeg. 4/2004 , according to the wording in force in tax periods beginning before January 1, 2015, the limit of the last paragraph of article 39.1 of the LIS will be applied to the full quota reduced by deductions to avoid internal and international double taxation and the applied bonuses.