Issues to consider when settling the tax in 2023
We inform you of the main developments for the 2023 Corporate Tax Campaign.
Special Economic and Tax Regime of the Canary Islands
With effect for tax periods beginning on or after 1 January 2023, Law 31/2022, of 23 December, introduces the following modifications in relation to the special regime of the Canary Islands Special Zone (hereinafter, ZEC):
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In letter c) of article 42.1 of Law 19/1994 it is established, for taxpayers who carry out the trade operations of goods referred to in letter a) (ii) of section 1 of article 44 of said Law, the obligation to sign quarterly informative declaration of operations with goods carried out outside the ZEC in which the origin and destination of the goods, the type of goods, quantity and other required information will be stated, in accordance with the customs code of the Union and other applicable regulations. They must also keep record of the corresponding customs documentation.
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A new wording is given to article 44 of Law 19/1994 for the purposes of determining the part of the taxable base of the ZEC entity that, for the purposes of applying the special tax rate, is derived from operations carried out materially and effectively within the geographical area of the ZEC.
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Article 50 bis is added to the Development Regulation of Law 19/1994 , approved by Royal Decree 1758/2007, of December 28, to establish in relation to the determination of the part of the tax base corresponding to operations carried out effectively and materially in the geographic area of the ZEC in which cases it is considered that aircraft contribute to improving the connections of the Canary Islands.