F. Incompatibilities
Regulation: DA 70. Four.11 Law 31/2022; Article 23 DR 710/2024
The application of the investment reserve will be incompatible, for the same goods and expenses, with deductions to encourage the performance of certain activities regulated in Chapter IV of Title VI of the LIS and with any tax benefit or measure of a different nature that has the status of state aid under European Union law, if such accumulation exceeds the limits established in the Community legislation that, in each case, are applicable.
In the case of used assets and land, these may not have previously benefited from the investment reserve regime, nor from deductions to encourage the performance of certain activities regulated in Chapter IV of Title VI of the LIS.
Keep in mind:
The incompatibility of these tax benefits it will be understood referred to the part of the undistributed profit that is part of the tax base or, where applicable, of the net operating income determining the full tax, subject to the reserve for investments in the Balearic Islands, without such incompatibility extending, therefore, to the tax benefits that, where applicable, taxpayers may apply in relation to the remaining part of their profit or net income.
However, in relation to job creation the investment reserve will be compatible with the special regime for industrial, agricultural, livestock and fishing companies.