On 4 February 2026, Royal Decree-Law 2/2026 of 3 February was published in the Spanish Official Gazette (Boletín Oficial del Estado), adopting urgent measures to address situations of social vulnerability, tax-related matters, and issues concerning the resources of territorial financing systems.
This Royal Decree-Law introduces certain social measures, aligned with the evolution and pace of the Spanish economy, together with tax measures and provisions relating to territorial financing, particularly in relation to Personal Income Tax (IRPF), Value Added Tax (IVA), and Corporate Income Tax (IS).
1.- Value Added Tax (IVA)
Extension of limits for the simplified VAT regime and the special regime for agriculture, livestock and fisheries (2016–2026)
For fiscal years 2016 to 2026, inclusive, the €150,000 amount referred to in the first point of number 2 and number 3 of paragraph two of Article 122, and in number 6 of paragraph two of Article 124 of this Law, has increased to €250,000.
Extraordinary waiver of electronic VAT record-keeping and extraordinary deregistration from REDEME for 2026
Taxpayers may waive the option to keep VAT record books electronically through the Spanish Tax Agency’s electronic headquarters from the day following the entry into force of Royal Decree-Law 2/2026 until 16 February 2026. Waivers submitted in January 2026 during the validity of Royal Decree-Law 16/2025 of 23 December will be considered valid.
Notwithstanding Article 30.8, taxpayers registered in the monthly refund register (REDEME) may request voluntary deregistration from the day following the entry into force of Royal Decree-Law 2/2026 until 16 February 2026. Waivers submitted in January 2026 during the validity of Royal Decree-Law 16/2025 will also be considered valid.
Deadlines for waivers and revocations under the objective assessment regime (modules) for IRPF and the simplified and special VAT regimes of agriculture, livestock and fisheries for 2026
The deadline for waivers referred to in Article 33.1(a) of the IRPF Regulations and Article 33.2 (second paragraph) of the VAT Regulations, as well as their revocation, effective for tax year 2026, runs from the day following publication of this Royal Decree-Law in the Official Gazette until 16 February 2026.
Waivers and revocations submitted for the year 2026 in relation to the simplified regimes and the special regimes for agriculture, livestock and fisheries under VAT, or in relation to the objective assessment regime under IRPF, during the month of December 2025 or in January 2026 during the period of validity of Royal Decree-Law 16/2025, shall be deemed to have been submitted within the applicable period. In any event, taxpayers who waived or revoked their waivers on the indicated dates may modify their option within the new period provided for in paragraph 1.
2. Personal Income Tax (IRPF)
Deduction for works improving residential energy efficiency
The deductions for works improving the energy efficiency of the taxpayer’s main residence, or any other property owned by the taxpayer and leased or intended for lease as a residence, are extended until 31 December 2026. In cases of properties intended for lease, the property must be leased before 31 December 2027.
Imputed real estate income for tax years 2023, 2024 and 2025
For tax years 2023, 2024 and 2025, the 1.1% imputation rate provided for in Article 85 of this law will apply to properties located in municipalities where cadastral values have been reviewed, amended or reassessed through a general collective valuation procedure, in accordance with cadastral regulations, provided that they entered into force from 1 January 2012.
Deduction for acquisition of plug-in electric and fuel cell vehicles and charging points
The 15% deduction on the acquisition value of a new electric vehicle is extended under the same terms, conditions and limitations.
Limits for application of the objective assessment regime (2016–2026)
Para los ejercicios 2016 a 2026, ambos inclusive, las magnitudes de 150.000 y 75.000 euros a que se refiere el apartado a’) de la letra b) de la norma 3.ª del apartado 1 del artículo 31 de esta Ley, quedan fijadas en 250.000 y 125.000 euros, respectivamente. Asimismo, para dichos ejercicios, la magnitud de 150.000 euros a que se refiere la letra c) de la norma 3.ª del apartado 1 del artículo 31 de esta Ley, queda fijada en 250.000 euros.
Deadlines for waivers and revocations under the objective assessment regime (modules) for IRPF and the simplified and special VAT regimes of agriculture, livestock and fisheries for 2026
The deadline for waivers referred to in Article 33.1(a) of the IRPF Regulations and Article 33.2 (second paragraph) of the VAT Regulations, as well as their revocation, effective for tax year 2026, runs from the day following publication of this Royal Decree-Law in the Official Gazette until 16 February 2026.
Waivers and revocations submitted for the year 2026 in relation to the simplified regimes and the special regimes for agriculture, livestock and fisheries under VAT, or in relation to the objective assessment regime under IRPF, during the month of December 2025 or in January 2026 during the period of validity of Royal Decree-Law 16/2025, of the 23rd of December shall be deemed to have been submitted within the applicable period. In any event, taxpayers who waived or revoked their waivers on the indicated dates may modify their option within the new period provided for in paragraph 1.
Exemption for personal injury damages arising from forest fires
Financial aid granted for personal injury under the Council of Ministers’ Resolution of 26 August 2025 — which declared certain areas “severely affected by a Civil Protection Emergency” due to forest fires and other emergencies between 23 June and 25 August 2025 — will be exempt from IRPF from 26 August 2025.
3.- Corporate Income Tax (IS)
Freedom of depreciation for investments using renewable energy
Investments in self-consumption electricity generation facilities using renewable energy (as defined in Royal Decree 244/2019), as well as renewable thermal energy installations replacing fossil fuel-based systems and made available to the taxpayer following the entry into force of Royal Decree-Law 18/2022 and brought into operation in 2023, 2024, 2025 or 2026, may be freely depreciated for IS purposes.
Freedom of depreciation for certain vehicles and new charging infrastructure
Investments in new FCV, FCHV, BEV, REEV or PHEV vehicles (as defined in Annex II of the General Vehicle Regulations approved by Royal Decree 2822/1998), used for business activities and brought into operation in tax periods beginning in 2024, 2025 or 2026, may be freely depreciated.
4.- Suspension of dissolution cause due to losses
A los solos efectos de determinar la concurrencia de la causa de disolución prevista en el artículo 363.1.e) del texto refundido de la Ley de Sociedades de Capital, aprobado por el Real Decreto Legislativo 1/2010 no se tomarán en consideración las pérdidas de los ejercicios 2020 y 2021 hasta el cierre del ejercicio que se inicie en el año 2026.
If, excluding losses from 2020 and 2021 under the terms defined in the previous paragraph, losses in financial years 2022, 2023, 2024, 2025 or 2026 reduce net equity to below half of the share capital, the directors must call a shareholders’ meeting within two months from the close of the financial year (pursuant to Article 365 of the Companies Act) to resolve on the dissolution of the company, unless sufficient capital increase or reduction measures are adopted.
Directors who, upon entry into force of this Royal Decree-Law, have already prepared the annual accounts, management report (including, where applicable, the non-financial information statement), proposed allocation of results, and, where appropriate, consolidated accounts and management report for financial year 2025, may reformulate them within one month of its entry into force to reflect these provisions.
In such cases, the general shareholders’ meeting to approve the 2025 accounts must be held within three months of the reformulation.
If notice of the general meeting to approve the 2025 accounts had already been published before the entry into force of this Royal Decree-Law and the meeting has not yet been held, the management body may amend the place, date and time of the meeting or revoke the notice at least seventy-two hours in advance, in accordance with the procedures established in the bylaws or by announcement on the company’s website or, if none exists, in the Official Gazette of the Mercantile Registry.
If the notice is revoked, a new one must be made within one month of the reformulation of the accounts.
At PLANA VENTURA GARCÉS, we are available to analyse and advise you on any questions arising from the entry into force of this Royal Decree-Law, with the aim of optimising and planning your taxation.
