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V0096-16 15 January 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · libertad de amortización

Possibility of applying accelerated depreciation for job maintenance without the 40% taxable base limit

A company enquired whether it could apply the accelerated depreciation incentive for investments made in 2009 and 2010 and whether it must adhere to the 40% taxable base limit. The DGT ruled that it may apply it without this limit, provided its turnover does not exceed 10 million euros on an individual basis.

The question raised

1) Whether it can be understood that the consulting entity has generated the right to apply the freedom of amortization for employment maintenance on the investments carried out during the 2009 and 2010 fiscal years.

The DGT's ruling

The freedom of amortization for employment maintenance applies if the average workforce of the following 24 months is higher than that of the preceding 12 months. To determine whether the 40% tax base limit applies, the turnover requirements must be met at the individual entity level and not at the group level. Furthermore, the application of the incentive in installment payments does not mandate its application in the final tax return.

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