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Form 100. 2018 Personal Income Tax return

Repayments

The amounts posted as depreciation of tangible fixed assets, intangible assets and real estate investments are deductible expenses, corresponding to the effective depreciation of the different elements due to operation, use, enjoyment or obsolescence.

Depreciation is considered effective when it is the result of applying one of the methods provided for in article 12.1.a of the Corporation Tax Act, which are in short the following:

  1. Linear amortisation according to the repayment tables established in article 12.1.a of the Corporation Tax Act from January 1, 2015.

  2. Constant percentage of the outstanding value.

  3. Method of digits.

  4. Plan formulated by the taxpayer and accepted by the Administration.

  5. Justification of the amount by the taxpayer.

Tangible fixed assets and real estate investments will start to depreciate from their entry into operational conditions and those of intangible fixed assets from the moment they are in a position to produce income.

The assets of tangible fixed assets and real estate investments must be amortised within their useful life period, understanding as such the period in which, according to the method of amortisation adopted, their value must be fully hedged, excluding residual value.

In the case of intangible assets, their useful life will be the period during which it is reasonably expected that income will take place.

The capital elements for which, in tax periods beginning before 1 January 2015, a depreciation coefficient was being applied other than that corresponding to them by applying the new amortisation table provided for in article 12,1 of the Spanish Corporation Tax Act, they will be amortized during the periods that will be subtracted until their useful life is complete, in accordance with the table above, on the net tax value of the existing good at the start of the first tax period starting from 1 January 2015.

Special systems

Acquisition OF ASSETS BETWEEN 1 JANUARY 2003 AND 31 DECEMBER 2004.

For acquisitions of new assets carried out between 1 January 2003 and 31 December 2004, the linear depreciation coefficients the maximum established in the official tables of depreciation coefficients will be understood as being replaced, in all the entries made, by the result of multiplying these by 1.1. The new coefficient will be applicable during the useful life of the new assets acquired in the aforementioned period.

Leasing WITH PURCHASE OPTION:

    1. The lessor is a credit institution.

    2. The contract must have a minimum duration of two years when it is for movable property or ten years when it is for real estate or industrial establishments.

    3. The financial lease payments are expressed in the respective contracts, differentiating the part corresponding to the recovery of the cost of the asset by the leasing company, excluding the value of the purchase option and the financial burden required by it.

      Financial LEASE OF ARTICLE 116 and Transitional Provision of the Corporation Tax Act

      Financial Lease Tax Regime .

      Requirements:

    Once the above requirements have been met, the payments made enjoy the following tax treatment:

    1. The financial burden paid to the leasing company is considered as a deductible expense.

    2. With regard to the part of the payments corresponding to the recovery of the cost of the asset, the following must be differentiated:

      • Land and other non-depreciable assets: It does not constitute deductible expenditure.

      • Depreciable assets: This is considered tax deductible expenditure with the limit of the double payment (the triple for small companies) of the linear depreciation coefficient according to officially approved depreciation tables. The excess will be deductible in subsequent tax periods, respecting the same limit.

    In the case of transfer of use of assets with a purchase or renewal option, provided that the amount to be paid for the exercise of the option is lower than the amount resulting from decreasing the value of the asset in the sum of the maximum repayment instalments that would correspond within the time the maximum duration of the assignment will be considered as a financial lease within the meaning of the general accounting plan standard 8.   In this case, an amount equivalent to the repayment instalments that, in accordance with the Corporation Tax rules, including those relating to freedom of amortisation, would correspond to the transferred assets will be deductible for the transferee.

  2. CONTRACTS FOR FINANCIAL LEASE ABROAD 1-1-96 (D.T. 6 Corporation Tax Act)

    Financial lease contracts concluded before the entry into force of Law 43/1995 (January 1, 1996) that on goods delivered before that date or on real estate whose delivery has been made within the two years following, they will be governed up to full compliance with the rules established in Additional Provision seven of Law 26/1988 of 29 July (Official State Gazette of 30 July).

    In accordance with this provision, the total amount of the lease payments will be considered deductible, excluding the residual value for which the purchase option is exercised. However, if the contract is for non-depreciable elements, the part of the payments corresponding to the recovery of the cost of the asset for the leasing entity will not be deductible.