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Practical Manual for Companies 2023.

F. Incompatibilities

Regulation:  DA 70. Four.11 Law 31/2022

The application of the investment reserve will be incompatible , for the same assets and expenses, with the deductions to encourage the performance of certain activities regulated in Chapter IV of Title VI of the LIS and with any tax benefit or measure of a different nature that has the status of state aid under European Union law, if said accumulation exceeds the limits established in the Community legislation that, in each case, are applicable.

In the case of used assets and land, these may not have previously benefited from the investment reserve regime, nor from deductions to encourage the performance of certain activities regulated in Chapter IV of Title VI of the LIS.

However, in relation to the creation of jobs, the investment reserve will be compatible with the special regime for industrial, agricultural, livestock and fishing companies.