Decree n.º 28/2015, of 28 December 2015, regulates Law 28/2014, of 23 September (Specific Regime of Taxation and Tax Benefits in Mining Activity). The recently enacted Regulations entered into force on the 1 January 2016 and revoke Decree n.º 5/2008, of 9 April.
Decree 28/2015 further regulates the tax regime set forth in Law 28/2014 notably by developing (i) the concept of Local Industrial Development, for the application of the reduced tax; (ii) tax clearance and payment rules on the Mining Production Tax and surface tax; (iii) the specific rules of IRPC and Income of Mining Resources Tax; (v) recognition of tax benefits on imports; (vi) capital gains taxation on direct or indirect transfer of mining rights (vii) extinction and suspension of tax benefits.
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