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Practical Manual for Companies 2020.

Port authorities

In the Sixth Final Provision of Royal Decree-Law 26/2020, of July 7, on economic reactivation measures to face the impact of COVID-19 in the areas of transport and housing, with effect for the tax periods that begin on or after January 1, 2020 that have not concluded as of July 9, 2020 (date of entry into force of this Royal Decree-Law), the following modifications are introduced in the LIS in relation to the tax regime provided for Port Authorities:

  • In order to comply with Commission Decision C (2018) 8676 final, of January 8, 2019, regarding the taxation of ports in Spain, port authorities are removed from the list of entities partially exempt from article 9.3 of the LIS . In this way, the port authorities stop applying the tax regime for partially exempt entities regulated in Chapter XIV of Title VII of the LIS, and are now subject to the general regime of the Corporate Tax.

    The reference made to them in letter a) of article 110 of the LIS, on the type of income that is considered not to come from the performance of economic activities, is also eliminated.

  • Article 38 bis of the LIS introduces a new deduction in the full fee by which the Port Authorities can deduct from it:

    • Investments and expenses related to certain infrastructures, services, actions, accesses, security and protection plans and facilities, listed in letter a) of the aforementioned article.

    • Investments and expenses made for the construction, replacement or improvement of seaport infrastructure, for the construction, replacement or improvement of access infrastructure thereto or for dredging activities in the terms established in Chapter I and in articles 56 ter and 56 quater of Commission Regulation ( EU ) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market.

    • Investments that exceed the thresholds established in letters ee) and ff) of article 4.1 of Regulation (EU) No. 651/2014 may be deducted to the extent that the European Commission has declared their compatibility with the internal market in accordance and they are met the conditions established by the Commission in the corresponding Decision.

  • In relation to the new deduction of article 38 bis of the LIS, a new assumption of non-deductible expense is established in article 15 n) of the LIS , according to which those expenses that are subject to the deduction regulated in said article 38 bis of the LIS will not be deductible, including those corresponding to the amortization of assets whose investment has generated the right to the aforementioned deduction.