Temporary liens

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

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

The temporary tax on credit institutions and financial credit institutions must be paid by credit institutions and financial credit institutions operating in Spanish territory whose sum of income from interest and commissions corresponding to the 2019 financial year is equal to or greater than 800 million euros.

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