Corporate tax
The Tax Agency, in the INFORMS, publishes monthly those news that may be of interest in relation to the settlement of Corporate Tax, from a practical and regulatory point of view. We are going to analyze some of them that have been published with effect for the years beginning on January 1, 2023.
New reduced tax rate for microenterprises
From a regulatory point of view, let us remember that on January 1, 2023, article 68 of the General State Budget Law (LPGE) for 2023 modified article 29 of the Corporate Tax Law that introduced a new reduced tax rate of 23% for entities whose net turnover for the immediately preceding tax period is less than 1 million euros.
Based on this, the net amount of turnover It will be formulated in accordance with sections 2 and 3 of article 101 of the LIS.
Freedom of depreciation and investments in new vehicles
The aforementioned LPGE introduced another novelty for the periods starting on January 1, 2023, introducing an additional Provision 18 in Law 27/2014, of November 27, 2014 (LIS) in relation to the freedom of depreciation and investments in new vehicles.
The Tax Agency has determined that "investments in new vehicles FCV, FCHV, BEV, REEV or PHEV, as defined in Annex II of the General Vehicle Regulations, approved by Royal Decree 2822/1998, of December 23, affected by economic activities and that come into operation in the tax periods that begin in the years 2023, 2024 and 2025, can be amortized based on the coefficient resulting from multiplying by 2 the maximum linear amortization coefficient provided for in the officially approved amortization tables.
Freedom of amortization as a tax option
The INFORMA establishes whether the tax benefit of the freedom of amortization provided for small entities should be considered as an option and, therefore, the provisions of article 119.3 LGT apply.
Article 119.3 of the LGT establishes that "the options that according to tax regulations must be exercised, requested or renounced with the presentation of a declaration They cannot be rectified after that moment., unless the rectification is presented in the regulatory declaration period.
The Tax Agency, to respond to this freedom of amortization as a tax option, establishes that "while the compensation of negative tax bases implies the exercise of a right, which is under the protection of what is included in article 120.3 of Law 58/ 2003, freedom of depreciation is a tax benefit whose practice or use functions as an option, so the provisions of art. 119.3 of said Law, as declared by the Central Administrative Court in a resolution of 02/14/2019 issued in the extraordinary appeal for the unification of criteria.
Aid to schemes in favor of climate and the environment
In relation to the aid of the Community Agricultural Policy and, specifically, to the regimes in favor of the climate and the environment, it is asked whether the positive income derived from this aid will be integrated into the tax base of the IS.
The Tax Agency and, in accordance with Additional Provision 3 Law 27/2014, of November 27, 2014, establishes that "article 13 of Royal Decree Law 4/2023, of May 11, modifies letter a of the first section of the third additional provision of the LIS including among the positive incomes that do not Those that derive from the receipt of aid from the Community Agricultural Policy, in particular, aid to regimes in favor of the climate and the environment (called eco-regimes) are integrated into the taxable base of the Tax.
In conclusion, these developments may be interesting and may be taken into account for the settlement of Corporate Tax, since they introduce important measures in different matters, keeping in mind that they have their effects for tax periods beginning on or after January 1, 2023.
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