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The Canary Islands
Special Zone is a low taxation
scheme created within the framework of the Canary Islands
Economic and Fiscal Regime (REF) for the purpose of
encouraging the economic and social development of the
Canary Islands and the diversification of their productive
structure.
The ZEC was authorized
by the European Commission in January 2000. Following the
terms and conditions of such authorization, the Spanish
government adapted the aspects related to the ZEC
contained in the regulations governing the Canary Islands
Economic and Fiscal Regime1.1.
Initially, the ZEC will
be in force until 31 December 2008. This period can be
extended subject to the authorization of the European
Commission. The registration of companies in the Official
ZEC Register (ROEZEC) will end in December 2006, unless
otherwise decided by the European Commission. |
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CORPORATE INCOME TAX
ZEC Entities are subject to the
Corporate Income Tax in force in Spain at reduced rates ranging from
1% to 5% depending on:
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Net job creation.
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Date of registration in the Official ZEC Register.
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Whether their activity is new or pre-existing.
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Whether their activity is widely implemented in the
Canary Islands.
The general tax rate of the
Corporate Income Tax in Spain is 35%, or 30% in the case of Small and
Medium-sized Enterprises (SME).
Tax rate scale
In order to determine the tax rate
applicable to a ZEC Entity, the period from the registration of the
ZEC Entity to the end of the validity of the ZEC shall be divided into
three stages. The length of these stages will vary depending on the
year in which the ZEC Entity is registered.
The applicable tax rates shall be
levied on the taxable amount arising from operations materially and
effectively carried out within the ZEC territory.
Considering the above-mentioned
stages and the net job creation of a ZEC Entity, the tax rates will be
as follows:
General
taxation scheme
|
NET JOB CREATION |
1st STAGE |
2nd STAGE |
3rd STAGE |
| Between 5 and 8
workers |
1,0% |
2,5% |
5,0% |
| Over 8 and up to
12 |
1,0% |
2,25% |
4,5% |
| Over 12 and up to
20 |
1,0% |
2,0% |
4,0% |
| Over 20 |
1,0% |
1,75% |
3,5% |
Definition of the stages
If the activity of a ZEC Entity has
been carried out previously with a different ownership, and the
pre-existing workforce is retained, the tax rates will be established
according to the relative increase in the workforce.
Entities with a pre-existing activity
|
NET INCREASE OF WORKFORCE |
1st STAGE |
2nd STAGE |
3rd STAGE |
| Over 50% |
1,0% |
2,5% |
5,0% |
| Between 25% and
50% |
2,5% |
3,5% |
5,0% |
| Less than 25% |
3,5% |
4,5% |
5,0% |
The special tax rates (between 1%
and 5%) shall be applied to a maximum amount of the tax base which
will vary according to the number of jobs created by the ZEC Entity
and its type of activity.
Maximum
amounts of the tax base at which ZEC entities will benefit from the
special tax rates
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NET CREATION OF EMPLOYMENT |
INDUSTRIAL ACTIVITIES |
SERVICE ACTIVITIES |
OTHER SERVICES2 |
| Between 5 and 8
employees |
1.800.000 € |
1.500.000 € |
1.125.000 € |
| Over 8 and up to
12 employees |
2.400.000 € |
2.000.000 € |
1.500.000 € |
| Over 12 and up to
20 employees |
3.600.000 € |
3.000.000 € |
2.250.000 € |
| Over 20 and up to
50 employees |
9.200.000 € |
8.000.000 € |
6.000.000 € |
| Over 50 and up to
100 employees |
21.600.000 € |
18.000.000 € |
13.500.000 € |
| Over 100
employees |
120.000.000 € |
100.000.000 € |
75.000.000 € |
2 “OTHER SERVICES” include the
following NACE activities: wholesale trade and commission trade,
except of motor vehicles and motorcycles; activities of travel
agencies and tour operators; tourist assistance activities n.e.c.;
legal, accounting, book-keeping and auditing activities; tax
consultancy; market research and public opinion polling; business
and management consultancy; holdings, and advertising and public
relations services.
DOUBLE TAXATION AGREEMENTS, THE EU PARENT SUBSIDIARY
DIRECTIVE AND NON-RESIDENT INCOME TAX
The Canary Islands are an integral part of Spanish
territory and the European Union and therefore:
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ZEC Entities may take advantage of the Double
Taxation Agreements signed by Spain with other countries.
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ZEC Entities may take advantage of the EU Parent
Subsidiary Directive, according to which the profits that a
subsidiary distributes to its parent company with domicile in
another Member State are exempt from withholding tax.
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According to the ZEC regulations, the exemptions
described below shall also be applied to the returns obtained by
non-EU Member residents from a ZEC Entity and arising from
operations materially and effectively carried out within the ZEC
territory.
Individuals: profits and returns obtained from the
transfer of personal capital, to third parties as well as earnings
from tangible properties without the individuals taking permanent
establishment.
Corporate entities: profits distributed to parent companies by
subsidiaries domiciled on Spanish territory.
These exemptions will not be applied if the profits
have been obtained through a territory considered as a tax haven, nor
if the tax domicile of the parent company is on such territories.
GENERAL
INDIRECT TAX IN THE CANARY ISLANDS (IGIC)
The IGIC is the Canarian
Indirect Tax which is levied on the end product, substituting Value
Added Tax applied in the EU. Its nature is similar to that of VAT,
although with important differences such as lower tax rates. The
general IGIC rate is 5%.
As a general rule, ZEC Entities are
exempt from IGIC when selling goods and delivering services to other
ZEC Entities, as well as when importing goods.
The ZEC extends over the whole
Canarian territory with the following specifications:
- Those companies whose corporate purpose consists
of service activities may be established anywhere within the
Canarian territory.
- Those companies whose corporate purpose is the
production, transformation, handling or commercialization of goods
may be established only within certain areas specified for that
purpose.