SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
tration Centre or CIAM-CIAR). The CIAM-CIAR is an arbitral institution that offers an independent international dispute resolution service. 6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses When a claim is prosecuted in Spain in breach of a foreign jurisdiction or arbitration clause, the defendant may file a motion to dismiss for lack of jurisdiction (a “ Declinatoria ”). The time bar to file such a motion is ten working days from the date of service of the claim. Once the Dec- linatoria has been filed, the deadline to present points of defence is stalled and will only resume after the court’s ruling, if it dismisses the motion. Upon receipt of the motion, the court will give the claimant five working days to file a response and will make a ruling after examining both par - ties’ arguments. 7. Ship-Owners’ Income Tax Relief 7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies Spanish Tax Lease System The Spanish tax lease system is currently regu - lated by Law No 16 of 2012 (the “Spanish Cor - porate Income Tax Law”), which came into force on 1 January 2013. The Spanish tax lease system is basically a sys - tem of accelerated and anticipated depreciation of assets acquired through financial leasing, including any kind of sea transport vessel (pas - sengers, tugs, fishing, dredgers, barges, plat - forms, boats/yachts, etc), manufactured inside or outside Spain, provided that: • it is not manufactured in series/mass; and • its manufacturing period is at least one year.
This new tax lease system is not subject to prior approval by the Spanish Tax Administration. Tonnage Tax in Spain The Spanish tonnage tax regime is an alternative tax system to the regular rules of taxable profit determination for the companies that usually produce a tax benefit for the taxpayer. This regime is a tax system for (qualifying) ship - ping companies to calculate their shipping- related profits for corporation tax purposes. The shipping-related profits are calculated based on the tonnage of the (qualifying) ships used in the company’s shipping trade. The tonnage tax system in Spain is regulated by Law No 27 of 2014 (the “Spanish Corporate Tax Act”). This tax system is voluntary and subject to previous authorisation by the Spanish Direc - torate General for Taxation. The main requirements to be met by the ship - ping companies and their vessels in order to be taxed on the bases of a tonnage tax system are the following. Qualifying companies: • must be registered in any of the Spanish Shipping registries (including the REBECA); • their business activity must include shipping management of owned and chartered ves - sels; and • they must conduct the technical and crew management of the vessels themselves and assume the responsibility derived from the nautical operation of the vessel(s) and ISM Code (IMO Resolution A 741) completely.
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