3. Limits, monitoring and control of incentives

The regulation and application of the tax benefits provided for in the special tax regime of the Balearic Islands must be adjusted as established in European Union law.

In this way, the application of these tax benefits must respect, in all cases, the quantitative limits established in the European Union regulations on aid for minimis, in the terms established in number 1 of section six of the Seventieth Additional Provision of Law 31/2022, of December 23.

These tax benefits jointly with any other aid received under applicable regulations, they may not exceed the amounts established by European Union regulations for their respective scope of application over a period of three years.

As a consequence of this limitation, it is regulated in articles 29 to 32 of Royal Decree 710/2024, of July 23, which approves the Regulation for the development of the special tax regime of the Balearic Islands, a monitoring and control system of incentives and quantitative limits that must be respected in accordance with European regulations relating to aid de minimis, so that these tax benefits, together with any other aid received, do not exceed the amounts established by European Union regulations for their respective scope of application.

Model 283 

To facilitate the monitoring and control of the incentives and quantitative limits that must be respected, is approved by Order HAC/1031/2024, of September 25, the model 283 "Annual information declaration of aid received within the framework of the special tax regime of the Balearic Islands", which must present taxpayers of Corporate Tax and Non-Resident Income Tax who have been beneficiaries of aid obtained under all the incentives applicable within the framework of this special tax regime, as follows:

1. They must include the following: information relating to the aid corresponding to the financial year to which said declaration refers:

   • ID. NIF and surname and name, or company name of the declarant.

   • Exercise to which the declaration refers.

   • Indication of whether you are a taxpayer of Corporate Tax or Non-Resident Income Tax.

   • If it is a complementary or substitute declaration for a previous one. Proof number of the latter.

   • Annual turnover of profit obtained in the Balearic Islands.

   • Aid received and/or used as a reserve for investments in the Balearic Islands.

   • Aid received and/or used under the special scheme for industrial, agricultural, livestock, and fishing companies in the Balearic Islands.

   • Other aid received and/or used.

2. The presentation must be carried out in a mandatory manner electronics over the Internet.

3. He submission deadline will be the one established for the presentation of the Corporate Tax return or the Non-Resident Income Tax.

   Remember:

   When the taxpayer submits this information return, he/she must record in the section "Presentation of prior documentation in the electronic office" on page 21 of form 200, the receipt number identification of said presentation.

   However, the Non-resident Income Tax payers Those who obtain income without a permanent establishment that is considered aid received within the framework of the Special Tax Regime of the Balearic Islands and other State aid derived from the application of European Union law, must submit a single information declaration corresponding to the immediately preceding calendar year.

   Keep in mind:

   For tax periods beginning on or after January 1, 2023, and ending before January 1, 2025, if Order HAC/1031/2024, of September 25, has not entered into force by the date on which the deadline for submitting the information return ends, it must be submitted within 25 calendar days following the date of entry into force of said Ministerial Order.