G. Non-compliance with requirements

Regulation:  DA 70. Four.14 Law 31/2022

The provision of the investment reserve before the end of the investment maintenance period or for investments other than those provided for in the regulation, as well as the failure to comply with any other of the required requirements, except for the separate accounting and unavailability of the reserve and the information in the annual accounts notes, will give rise to the taxpayer proceeding to the integration into the taxable base of the Corporate Tax for the tax period in which the failure to comply occurred, of the amounts that at the time gave rise to the reduction of that reserve, without prejudice to any applicable penalties.

In financial leasing contracts , if the obligation to exercise the purchase option is not fulfilled, the integration into the tax base will take place in the tax period in which it was contractually provided that it should have been exercised.

In both cases, the late payment interest must be settled in accordance with the terms set forth in Law 58/2003, of December 17, General Tax Law, and in 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 [00778] "Reserve for investments in the Balearic Islands (Law 31/2022)" on page 12 or 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 Balearic Islands (DA 70 Law 31/2022)" on page 22 bis of form 200.