Freedom to amortize facilities that use energy from renewable sources

Royal Decree-Law 18/2022, of October 18, introduces a new seventeenth Additional Provision of the LIS by which taxpayers may freely amortize, in tax periods beginning or ending in 2023, investments made in facilities for self-consumption of electrical energy, as well as those facilities for thermal use for own consumption, provided that they use energy from renewable sources and replace facilities that use energy from non-renewable fossil sources, and that are made available to the taxpayer as of the entry into force of Royal Decree-Law 18/2022 (October 20) and come into operation in 2023.

The amount of the investment that may benefit from the free amortization regime will be 500,000 euros.

For the application of this assumption of freedom of amortization, it is necessary that during the 24 months following the start date of the tax period in which the acquired elements come into operation, the total average workforce of the entity is maintained with respect to the average workforce of the previous twelve months.

In addition, taxpayers must be in possession of documentation proving that the investment uses energy from renewable sources. This documentation will vary depending on the type of renewable energy.

Buildings and installations that are mandatory under the Technical Building Code, approved by Royal Decree 314/2006 of 17 March, will not be eligible for this incentive, unless the installation has a nominal power greater than the minimum required.

This assumption of freedom of amortization is incompatible with the assumption of freedom of amortization of article 102 of the LIS provided for small entities, so said entities must choose to apply one of the two tax incentives.

You can consult the specifics of this new tax incentive in Chapter 5 of this Practical Manual.