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New regulations for 2023

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Main tax changes introduced by Royal Decree-Law 5/2023, of June 28, which adopts and extends certain measures in response to the economic and social consequences of the War in Ukraine, in support of the reconstruction of the island of La Palma and other situations of vulnerability; of transposition of European Union Directives

Artículo 189 del Real Decreto-ley 5/2023, de 28 de junio

PERSONAL INCOME TAX (IRPF)

With effect from June 30, 2023 a fifty-eighth Additional Provision is added by article 189 to Law 35/2006, of November 28, of Personal Income Tax .

Two new deductions are established to promote the acquisition by individuals of electric vehicles not related to an economic activity:

  1. Deduction for the acquisition of “plug-in” electric vehicles and fuel cells.

    The deduction will be applied for a single purchase of one of the vehicles that meet the requirements established in the aforementioned Royal Decree-Law.

    Taxpayers may deduct 15% of the purchase value of a new electric vehicle in any of the following circumstances, having to choose to apply the provisions of letter a) or b):

    1. When the vehicle is purchased from June 30, 2023 to December 31, 2024.

      The deduction will be applied in the tax period in which the vehicle is registered.

    2. When, from June 30, 2023 to December 31, 2024, an amount is paid to the seller on account for the future acquisition of the vehicle that represents at least 25% of the acquisition value of the vehicle.

      The deduction will be made in the tax period in which such amount is paid, and the remainder must be paid and the vehicle purchased before the end of the second tax period immediately following the one in which the payment of such amount occurred.

    The maximum deduction base , in both cases, will be 20,000 euros and will consist of the purchase value of the vehicle, including the expenses and taxes inherent to the purchase, having to deduct those amounts that, where appropriate, have been subsidized or are to be subsidized through a public aid program.

  2. Deduction for the installation of charging infrastructure

    Taxpayers may deduct 15% of the amounts paid from June 30, 2023 to December 31, 2024, for the installation during said period in a property of your property of battery charging systems for electric vehicles do not affect an economic activity.

    The maximum annual base of this deduction will be 4,000 euros per year and will consist of the amounts paid, by credit or debit card, bank transfer, nominative check or deposit into accounts in credit institutions, to the people or entities that carry out the installation, having to deduct those amounts that, where appropriate, would have been subsidized through a public aid program.

    In no case shall amounts paid in cash be eligible for deductions.

    For these purposes, the amounts paid for the installation of the recharging systems will be considered as those necessary to carry it out, such as the investment in equipment and materials, installation costs and the works necessary for its development.

    The deduction will be made in the tax period in which the installation ends, which cannot be later than 2024 .

    When the installation is completed in a tax period after the one in which amounts were paid for such installation, the deduction will be applied in the latter taking into consideration the amounts paid from June 30, 2023, to December 31 of said tax period.

    To apply the deduction, the authorizations and permits established in current legislation must be obtained.

    In the event that after the acquisition or installation an economic activity is affected the vehicles or battery charging systems the right to the deduction made will be lost.