Main tax innovations introduced by Royal Decree-Law 5/2023
PERSONAL INCOME TAX (IRPF)
With effect from June 30, 2023 , a fifty-eighth Additional Provision is added, by article 189 of the RD-law 5/2023, to Law 35/2006, of 28 November, personal income tax.
Two new deductions are established to promote the acquisition by individuals of electric vehicles not related to an economic activity .
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Deduction for the acquisition of “plug-in” electric vehicles and fuel cells
The deduction will be applied for a single purchase of any of the vehicles that meet the requirements established in the aforementioned Royal Decree-Law.
Taxpayers may deduct 15% of the acquisition value of a new electric vehicle in any of the following circumstances, having to opt for the application of the provisions of letter a) or b):
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When the vehicle is purchased from June 30, 2023 to December 31, 2024.
The deduction will be made in the tax period in which the vehicle is registered.
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When from June 30, 2023 to December 31, 2024, an amount on account is paid to the seller for the future acquisition of the vehicle that represents at least 25% of its acquisition value.
The deduction will be made in the tax period in which such amount is paid, and the remainder must be paid and the vehicle purchased before the end of the second tax period immediately following the one in which the payment of such amount occurred.
The maximum base of the deduction, in both cases, will be 20,000 euros and will be constituted by the acquisition value of the vehicle, including the expenses and taxes inherent to the acquisition, and must deduct those amounts that , if applicable, would have been subsidized or would be subsidized through a public aid program.
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Deduction for the installation of charging infrastructure
Taxpayers may deduct 15% of the amounts paid from June 30, 2023 to December 31, 2024, for the installation during said period in a property of your property of battery charging systems for electric vehicles do not affect an economic activity.
The maximum annual base of this deduction will be 4,000 euros per year and will consist of the amounts paid, by credit or debit card, bank transfer, nominative check or deposit into accounts in credit institutions, to the people or entities that carry out the installation, having to deduct those amounts that, where appropriate, would have been subsidized through a public aid program.
In no case shall amounts paid in cash be eligible for deductions.
For these purposes, the amounts necessary to carry it out will be considered as amounts paid for the installation of the charging systems, such as the investment in equipment and materials, their installation costs and the works necessary for their development.
The deduction will be made in the tax period in which the installation ends, which cannot be later than 2024 .
When the installation ends in a tax period subsequent to that in which amounts were paid for such installation, the deduction will be made in the latter taking into account the amounts paid from June 30, 2023, until December 31 of said period. tax.
To apply the deduction, you must have the authorizations and permits established in current legislation.
In the event that, after the acquisition or installation, the vehicles or battery charging systems are affected by an economic activity, the right to the deduction made will be lost.
CORPORATION TAX
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Accelerated amortization for investments in electric vehicle charging infrastructure
With effect from June 30, 2023 is modified by article 190 of RD-Law 5/2023, the eighteenth Additional Provision of Law 27/2014, of November 27, of the Corporate Tax, establishing new accelerated amortization assumptions :
The investments in new charging infrastructure for electric vehicles, of normal power or high power , in the terms defined in article 2 of Directive 2014/94/EU of the European Parliament and of the Council, of October 22, 2014, regarding the implementation of an infrastructure for alternative fuels, affecting economic activities, and coming into operation in the tax periods beginning in the years 2023, 2024 and 2025, may be amortized based on the coefficient resulting from multiplying by 2 the maximum linear amortization coefficient provided for in the officially approved amortization tables.
For the application of the accelerated amortization regulated in the previous section, compliance with the following requirements will be required:
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Contribution of 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, which approves the electrotechnical regulation for low voltage, 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.
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Obtaining the electrical installation certificate completed by the competent Autonomous Community.
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VALUE ADDED TAX
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Tax rate of 0% and 5% applicable to food
With effect from June 30, 2023 , article 171 of RD-Law 5/2023, modifies article 72 of RD-Law 20/2022, of December 27 and extends, during the second half of 2023, the application of the 0% tax rate on basic food products, as well as the 5% with which olive and seed oils and pasta are taxed, to contribute to the reduction of the final price of these foods.
Likewise, the rate of the equivalence surcharge corresponding to these products is extended from 0% and 0.62% respectively.
However, this rate reduction would cease to be in force as of November 1, 2023, in the event that the interannual rate of underlying inflation for the month of September, published in October, is less than 5.5 %.
Please note that the basic food products to which the 0% rate applies are the following:
- common bread , as well as frozen common bread dough and frozen common bread intended exclusively for the production of common bread
- The bread flours
- The following types of milk produced by any animal species: natural, certified, pasteurized, concentrated, skimmed, sterilized, UHT, evaporated and powder.
- The cheeses
- The eggs
- The fruits, vegetables, legumes, tubers and cereals , which have the status of natural products in accordance with the Food Code and the provisions issued for their development