Repeal of RDL 2/2026: tax impact on Corporate Income Tax and VAT in Spain

The end of RDL 2/2026: practical implications for businesses and taxpayers

Royal Decree-Law 2/2026, dated February 3, which introduced urgent measures to support taxpayers and businesses, has been repealed by the Spanish Congress of Deputies through a Resolution dated February 26, 2026 (published in the Official State Gazette on February 28).

Impact on Corporate Income Tax

In the area of Corporate Income Tax, RDL 2/2026 focused on extensions of tax incentives, without introducing structural reforms or changes to tax rates.

Among the main benefits affected by the repeal are:

• Investments in electric mobility and charging infrastructure: the Royal Decree-Law included tax incentives through accelerated depreciation or full expensing, applicable to electric vehicles and related infrastructure.
• Freedom of depreciation for renewable energy self-consumption investments: companies could depreciate investments in solar, wind, or biomass installations, advancing expense deductions and generating tax deferral.

Impact on VAT and compliance obligations

In the area of VAT, RDL 2/2026 included formal and administrative measures, particularly affecting small businesses and taxpayers under special regimes.

Key updates included:

• The extension of the deadline to opt out of SII-VAT and REDEME, which was extended until February 16, 2026.

Pending administrative interpretation

Given that, at the time of the repeal of RDL 2/2026, the deadline had already passed, it may be interpreted that opt-outs made during its validity remain effective, although administrative clarification will be required.