News published in INFORMA 2022

News published in INFORMA during the month of JANUARY

Article 30 bis of Law 27/2014, of November 27, on Corporate Tax, as amended by Law 22/2021, on the General State Budget for 2022, sets out the rules for determining the minimum net quota in the IS for tax periods beginning on or after January 1, 2022.

The refund of the Tax on Retail Sales of Certain Hydrocarbons (IVMDH) must be imputed as income in the taxable base of the Corporate Tax in the year in which the right to its refund is recognized as a result of the non-application of the rule.

For tax periods beginning on or after January 1, 2022, entities covered by the Special Regime for Entities Engaged in Housing Leasing will receive a 40 percent bonus (previously the bonus was 85 percent).

For tax periods beginning on or after January 1, 2022, taxpayers who pay taxes at the rate of 15 percent in accordance with the provisions of section 1 of article 29 of the LIS their minimum net rate will be 10 percent of the taxable base.

For tax periods starting on or after January 1, 2022, for certain taxpayers there is a minimum tax rate in Corporate Income Tax.

If in 2018 no donation was made by an entity, increased deduction percentage provided for in article 20.2 of Law 49/2002 could not be applied in fiscal year 2021 to the donation made in said fiscal year.

For tax periods starting on or after January 1, 2022 in entities in the Canary Islands Special Zone the positive tax base on which the percentage is applied to determine the minimum net rate will not include the part thereof corresponding to operations carried out materially and effectively in the geographical area of said Zone .

Law 22/2021, of December 28, on the General State Budget for 2022, incorporates a section 2 in article 30 of the LIS which establishes that the net rate of IS may in no case be negative .

For tax periods beginning on or after January 1, 2022, in credit institutions, as well as entities dedicated to the exploration, research and exploitation of hydrocarbon deposits and underground storage facilities under the terms established in Law 34/1998, of October 7, of the hydrocarbon sector, the minimum net rate will be 18 percent of the taxable base.

For tax periods beginning on or after January 1, 2022, in the cooperative entities the minimum net quota may not be less than the result of applying 60 percent to the full quota calculated in accordance with the provisions of Law 20/1990.