Tax deduction for electric vehicles requires the unit to be new

The application of tax incentives for sustainable mobility is a constant point of interest in income tax returns. Recently, the Dirección General de Tributos (DGT) has clarified the necessary conditions to access the deduction for the acquisition of electric vehicles, establishing a fundamental limit regarding the condition of the acquired asset.

What the DGT has ruled

The query concerned the possibility of applying the deduction provided for in the fifty-eighth additional provision of the Personal Income Tax Law (LIRPF) for plug-in electric vehicles, fuel cell vehicles, or charging points, when the vehicle is second-hand.

The tax authority's criterion is categorical: the 15 percent deduction for the acquisition of these vehicles requires the unit to be new. As it involves a used vehicle, the legal requirements established in the regulations to access the tax benefit are not met. The law requires the condition of being new so that the taxpayer can deduct the acquisition value.

What it means for you

If you are an individual considering the purchase of an electric vehicle to benefit from this incentive in your income tax return, you must take into account that the tax savings are conditioned on the origin of the asset. The regulations do not contemplate the possibility of applying this deduction percentage to the cost of second-hand or used electric vehicles.

This criterion limits the scope of the deduction exclusively to the zero-kilometer vehicle market, ensuring that the incentive is applied strictly under the parameters of the fifty-eighth additional provision of the LIRPF.

What you should do

Before finalizing the purchase of a fuel cell or plug-in technology vehicle, it is necessary to verify that the invoice and the nature of the transaction comply with the requirement of a new unit. It is fundamental to cross-check the purchase documentation with the provisions of Law 35/2006 to avoid possible requests from the Tax Administration. Since each purchase situation may present technical nuances, it is recommended to evaluate the specific documentation of the operation.