Temporary liens

Law 38/2022, of December 27, establishes the temporary energy tax and the temporary tax on credit institutions and financial credit establishments. These levies will be temporary during the years 2023 and 2024.

The temporary energy tax must be satisfied by the persons or entities that are considered the main operator in the energy sectors, according to the Resolution of December 10, 2020 of the National Markets and Competition Commission.

The temporary tax on credit institutions and financial credit establishments must be satisfied by credit institutions and financial credit establishments that operate in Spanish territory whose total income from interest and commissions corresponding to the financial year 2019 is equal to or greater than 800 million euros.

Both levies are configured as a non-tax public property benefit, which are not considered tax-deductible expenses for the purposes of determining the tax base of the Corporate Tax.