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Practical Manual for Companies 2024.

Freedom to amortize certain vehicles and new charging infrastructure

1. Freedom of amortization of electric vehicles

Regulation:  DA 18.1 LIS (drafting RDL 4/2024)

With effect for tax periods beginning on or after January 1, 2024, and not ending before June 28, 2024, the following may be applied: amortize freely investments made in certain vehicles that meet the following requirements:

  • Investments can only be made in the following types of electric vehicles, as defined in Annex II of the General Vehicle Regulations, approved by Royal Decree 2822/1998, of December 23:

    • Fuel cell electric vehicle (FCV)

    • Fuel Cell Hybrid Electric Vehicle (FCHV)

    • Battery Electric Vehicle (BEV)

    • Range Extended Electric Vehicle (REEV)

    • Plug-in hybrid electric vehicle (PHEV)

  • The vehicles must be new and be used for economic activities .

  • These vehicles must come into operation in tax periods beginning in 2024 and 2025, provided that a tax period begins in 2024 that did not end on June 28, 2024. (If it has concluded before this date, a new one will be applied with the same requirements. accelerated amortization assumption).

2. Freedom of amortization of new charging infrastructures

Regulation: DA 18.2 and 3 LIS (drafting RDL 4/2024)

With effect for tax periods beginning on or after January 1, 2024, and not ending before June 28, 2024, the following may be applied: amortize freely investments in new charging infrastructure that meet the following requirements:

  • They must be you affect to economic activities and come into operation in tax periods beginning in 2024 and 2025, provided that a tax period begins in 2024 that did not end on June 28, 2024. (If it has concluded before this date, a new one will be applied with the same requirements. accelerated amortization assumption).

  • Additionally, the taxpayer must:

    • Provide the mandatory technical documentation , according to the characteristics of the installation, in the form of a Project or Report, provided for in Royal Decree 842/2002, of August 2, prepared by the authorized installer duly registered in the Integrated Industrial Registry, regulated in title IV of Law 21/1992, of July 16, on Industry, and in its implementing regulations.

    • Obtain the electrical installation certificate completed by the competent Autonomous Community.

3. Filling in form 200

When the freedom of amortization is applied or has been applied to any of the investments regulated in the eighteenth Additional Provision of the LIS (wording RDL 4/2024), the following adjustments must be made to the boxes [00005] and [00006] "Freedom of amortization of certain vehicles and new charging infrastructures (DA 18 LIS RDL 4/2024)" on page 12 of form 200:

  • In the box [00006] The excess amortization over the accounting amortization relative to any of the referred investments, which is tax deductible in the tax period being declared, will be recorded in the reductions.

  • In the box [00005] The amount of amortizations relating to any of the investments referred to, recorded in the tax period being declared and which, by application of the aforementioned tax rules, had already been deducted in previous tax periods through the corresponding decrease or negative adjustment to the accounting result, will be recorded in the increases. Likewise, in the event of the transfer of an item that has been subject to free amortization, the amount of any negative adjustments previously made that have not yet been positively integrated into the tax base must be included in this box in the tax period in which it is transferred.