News published in INFORMA 2022

News published in INFORMA during the month of NOVEMBER

When an accounting entry has been made incorrectly it is not possible to resort to the reformulation of the annual accounts already approved and whose challenge period has elapsed, in order to correct the accounting result and calculate the taxable base in the Corporate Tax with the purpose of requesting the rectification of its self-assessment and the return of undue income.

As a general rule, entities under the income attribution regime pay taxes under the IRPF , however, the second Final Provision of Royal Decree Law 18/2022 modifies section 2 of article 6 of the LIS , in such a way that entities under the income attribution regime to which section 12 of article 15 bis of the LIS is applicable will pay taxes under the Corporate Tax . 

Taxpayers will be able to freely amortize investments made in facilities for the self-consumption of electrical energy , as well as those facilities for thermal use for self-consumption , provided that they use energy from renewable sources and replace facilities that use energy from non-renewable fossil sources and that are made available to the taxpayer as of October 20, 2022 and come into operation in 2023.

An entity under an income attribution regime in which one or more entities, related to each other, directly or indirectly participate on any day of the year, in the capital, in the equity, in the results or in the voting rights in a percentage equal to or greater than 50 percent and are residents in countries or territories that qualify the entity under an income attribution regime as a taxpayer for a personal income tax, will pay corporate tax , as a taxpayer, on certain positive income that must be attributed to all participants who are residents of countries or territories that consider the entity under an income attribution regime as a taxpayer for personal income tax.