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Issues to consider when settling the tax in 2024

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Freedom of amortization on certain vehicles and new charging infrastructures

Royal Decree-Law 4/2024, of June 26, with effect for tax periods beginning on or after January 1, 2024, and which have not concluded upon the entry into force of this Royal Decree-Law (June 28, 2024), modifies the eighteenth Additional Provision of the LIS, replacing accelerated amortization, planned until then, for freedom of amortization, for investments in the following new 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)

Vehicles must be new, be related to economic activities and enter into operation in the tax periods beginning in the years 2024 and 2025.

As a consequence of the modification of the eighteenth Additional Provision of the LIS by article 190 of Royal Decree-Law 5/2023, this case of Freedom of amortization (previously accelerated amortization) is extended to investments in new electric vehicle charging infrastructure, of normal or high power, in the terms defined in article 2 of Directive 2014/94/ EU of the European Parliament and of the Council, of 22 October 2014, on the deployment of alternative fuels infrastructure, related to economic activities, and that come into operation in the tax periods beginning in the years 2024 and 2025.

To apply this accelerated depreciation assumption, 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.

Keep in mind:

With effect for tax periods starting on or after January 1, 2024, and not ending on June 28, 2024, the two regulated assumptions of Accelerated amortization is converted with the same requirements for its application in cases of freedom of amortization, provided that electric vehicles and new charging infrastructure come online during the tax periods beginning in 2024 and 2025.