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New regulations for 2023

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Main changes introduced by Royal Decree-Law 8/2023, of December 27, which adopts measures to address the economic and social consequences arising from the conflicts in Ukraine and the Middle East, as well as to alleviate the effects of drought

Real Decreto-ley 8/2023, de 27 de diciembre

por el que se adoptan medidas para afrontar las consecuencias económicas y sociales derivadas de los conflictos en Ucrania y Oriente Próximo, así como para paliar los efectos de la sequía.

CORPORATION TAX

The following amendment is introduced in Law 27/2014, of November 27, on Corporate Tax:

  • Freedom of amortization on investments that use energy from renewable sources

Section 1 of Additional Provision 17 of Law 27/2014 is amended by article 18 of Royal Decree-Law 8/2023, in order to extend until 2024 the possibility for taxpayers to freely amortize investments made in facilities intended for self-consumption of electrical energy , as well as those facilities for thermal use for own consumption, provided that they use energy from renewable sources and replace facilities that use energy from non-renewable fossil sources. The new facilities must come into operation in 2024 . In such case, the new investments may be freely amortized in the tax periods that begin or end in 2024 .

In any case, the application of the freedom of amortization, in the terms previously indicated, will be conditional on the fact that during the 24 months following the start date of the tax period in which the acquired elements come into operation, the total average workforce of the entity remains with respect to the average workforce of the previous twelve months.

The maximum amount of the investment that may benefit from the free amortization regime will be 500,000 euros.

Buildings and installations that are mandatory under the regulations of the Technical Building Code, approved by Royal Decree 314/2006, of March 17, may not benefit from the free amortization referred to in this provision, unless the installation has a nominal power greater than the minimum required, in which case that part of the cost of the installation proportional to the installed power above the minimum required may be subject to free amortization.

In order to apply the freedom of amortization regulated in this provision, taxpayers must be in possession of documentation proving that investment uses energy from renewable sources.