Yesterday, the Royal Decree Law 23/2020 approved several measures destinated to reactivate the business economy. Two of the rules approved modify the Corporate Income Tax Law, being the modifications the following:
(i) Tax credit for “innovation activities”, regulated in article 35.2 of the Spanish Corporate Income Tax Law for the financial years commencing as from January 1, 2020 and 2021 will be 25% instead of the current 12%. This modification is only applicable for the car industry sector entities. It is required that the “innovation activity” performed will imply a progress or technologic advance in obtaining new processes of manufacturing in the car industry. The objective of this new measure is to promote the manufacturing of electric cars and their components. The application of the increased 25% tax credit would be conditioned to obtain an official certification confirming that the activity performed complies with the requirements to be considered as “innovation activity”.
This is a temporary measure limited to years 2020 and 2021.
(ii) Tax free amortization for the car industry sector. For Corporate Income Tax purposes, it is established a tax free amortization for certain new acquisitions of fixed assets acquired and put at disposal of the acquirer during year 2020. The new fixed assets acquired (buildings excluded) should have the purpose to improve the manufacturing chain of the car industry and basically reduces the negative environmental impacts. The objective of this measure is to attract new investments in Spain in order to promote the electric car and battery industry.
The tax free amortization is conditioned to maintain the existing average level of employees in year 2019 during a period of 24 months following the start of the financial year the fixed assets acquired will enter into functioning. It is also conditioned to obtain an official certification confirming that the fixed asset acquired qualifies for the tax free amortization.
The tax free amortization is limited to euros 500,000.
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