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Practical Manual for Companies 2023.

G. Non-compliance with requirements

Regulation: Article 27.16 Law 19/1994

In cases where the taxpayer uses the reserve for investments prior to the end of the maintenance period for investment or for investments other than those admitted in article 27.4 of Law 19/1994, or fails to comply with any other requirements established in said article 27, except those contained in its sections 3 and 13, he must include in the taxable base of the Corporate Tax for the tax period in which the failure to comply occurred, the amounts that at the time gave rise to the reduction of the taxable base.

In the event of non-compliance with the obligation to exercise the purchase option provided for in the financial leasing contracts , the integration into the tax base will take place in the year in which it was contractually provided that it should have been exercised.

In these cases, late payment interest be charged in with the terms set forth in Law 58/2003, of December 17, General Tax Law and its implementing regulations.

The inclusion in the tax base of the unduly reduced amounts and the payment of late payment interest will be carried out jointly in the self-assessment corresponding to the tax period in which the non-compliance occurs. For these purposes, the integration into the tax base will be carried out in box [00403] "Reserve for investments in the Canary Islands (Law 19/1994)" on page 13 of form 200 and the payment of late payment interest in boxes [00617] and [00618] "Late payment interest" on page 14 bis of said form. Likewise, the amount corresponding to these adjustments must be entered in box "Special reserve regime for investments in the Canary Islands (Law 19/1994)" on page 22 of form 200.