Depreciation of certain vehicles and new charging infrastructure

Regulations: Eighteenth Additional Provision LIS and Fifty-ninth Additional Provision Law IRPF

Attention :Please note that Royal Decree-Law 4/2024, of 26 June ( BOE of 27 June), with effect from 1 January 2024, added Additional Provision fifty-ninth to the Personal Income Tax Law and amended Additional Provision eighteenth of the LIS by replacing the existing accelerated amortisation system, consisting of applying twice the maximum linear amortisation coefficient according to officially approved tables, with a free amortisation system.

We must differentiate between:

A. Taxpayers who died before June 28, 2024

As of January 1, 2023, amortization is permitted based on the coefficient resulting from multiplying by 2 the maximum linear amortization coefficient provided for in the officially approved amortization tables in two cases:

Investments in new vehicles FCV , FCHV , BEV , REEV or PHEV , provided that the following requirements and conditions are met:
- Whether they are new 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.
- That they are affected by economic activities.
- That come into operation in the tax periods beginning in 2023 and 2024.
Precision:

According to the aforementioned Annex II, the following vehicles are considered as such:

a. Fuel Cell Electric Vehicle (FCV): electric vehicle that uses exclusively electrical energy from an on-board hydrogen fuel cell.

b. Fuel Cell Hybrid Electric Vehicle (FCHV): fuel cell electric vehicle that also features rechargeable electric batteries.

c. Battery Electric Vehicle (BEV): electric vehicle that uses exclusively rechargeable electric batteries from an external electric power source as propulsion energy storage systems. The possibility of also including a regenerative braking system that charges the batteries during braking and stopping is not excluded.

d. Range Extended Electric Vehicle (REEV): electric vehicle that, meeting all the conditions of a battery electric vehicle, also incorporates an internal combustion engine

e. Plug-in hybrid electric vehicle (PHEV): hybrid electric vehicle, equipped with batteries that can be recharged from an external source of electrical energy, which can be propelled at will only by its electric motor(s).
Investments in new electric vehicle charging infrastructure, provided that the following conditions are met:
- That they are new infrastructures for recharging electric vehicles, of normal power or high power, in the terms defined in article 2 of the Directive 2014/94/ EU , of the European Parliament and of the Council, of October 22, 2014, relating to the implementation of an infrastructure for alternative fuels.
- That they are affected by economic activities.
- That tax periods beginning in the years 2023 and 2024 come into operation in

In addition, compliance with the following requirements will be required for its application:

##10008195####10008195##Provision of the required 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 low voltage electrical regulations, 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.
##10008195####10008195##Obtaining the electrical installation certificate completed by the competent Autonomous Community.

Precision:

In accordance with the aforementioned article 2 of Directive 2014/94/ EU , it will be understood as:

Normal power charging point: a charging point that allows the transfer of electricity to an electric vehicle with a power less than or equal to 22 kW , excluding those equipment with a power less than or equal to 3.7 kW , which are installed in private homes or whose primary purpose is not the recharging of electric vehicles, and which are not accessible to the public.
High power charging point: a charging point that allows the transfer of electricity to an electric vehicle with a power greater than 22 kW .

B. Other taxpayers

Effective January 1, 2024, free amortization is permitted in two cases:

Investments in new vehicles FCV , FCHV , BEV , REEV or PHEV , provided that the following requirements and conditions are met:
- Whether they are new 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.
  
  See section A. above for vehicles that are considered to be such.
- That they are affected by economic activities.
- That come into operation in the tax periods beginning in 2024 and 2025.
Investments in new electric vehicle charging infrastructure, provided that the following conditions are met:
- That they are new infrastructures for recharging electric vehicles, of normal power or high power, in the terms defined in article 2 of the Directive 2014/94/ EU , of the European Parliament and of the Council, of October 22, 2014, relating to the implementation of an infrastructure for alternative fuels.
  
  Please refer to the previous point for what is meant by such for these purposes.
- That they are affected by economic activities.
- That tax periods beginning in the years 2024 and 2025 come into operation in ##1##.

In addition, compliance with the following requirements will be required for its application:

##10008195####10008195##Provision of the required 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 low voltage electrical regulations, 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.
##10008195####10008195##Obtaining the electrical installation certificate completed by the competent Autonomous Community.