Deductions from the full fee
Deductions for incentives and stimuli to business investment in economic activities in direct estimation
General regime and special regimes of deductions for incentives and stimuli to business investment of the Corporate Income Tax Law
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General deduction system
Deduction for investments in Spanish film productions and audiovisual series (art. 36.1 LIS ) and deduction for production of certain live shows (art. 36.3 LIS )
Law 38/2022, of December 27, for the establishment of temporary taxes on energy and credit institutions and financial credit institutions and by which the temporary solidarity tax on large fortunes is created, and certain tax regulations are modified ( BOE of December 28) has modified in its fifth Final Provision, with effect for tax periods beginning on or after January 1, 2021, article 39.7 of the LIS by introducing, in relation to the application of the deductions of sections 1 and 3 of article 36 of the LIS by taxpayers who finance the production costs (financiers) of Spanish productions of feature films and short films, audiovisual series and live shows of performing and musical arts, the following News:
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The taxpayer who participates in the financing (hereinafter the financier) can apply the deduction not only for the amounts intended to finance all or part of the production costs, but also for the expenses for obtaining copies, advertising and promotion charged to the producer up to the limit of 30% of the production costs.
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The amounts to finance production costs that entitle the application of the deductions of article 36, sections 1 and 3 of the LIS, may be contributed at any stage of production, before or after the moment in which the producer incurs the production costs, eliminating the reference that indicated that the investor would apply the deduction annually, based on the contributions disbursed in each tax period.
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As a result of being able to provide amounts for financing at any stage of production, the financing contract may also be signed at any stage of production.
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The financier may apply the deductions provided for in sections 1 and 3 of article 36 of the LIS under the conditions and terms set forth therein and determining their amount under the same conditions as those applied to the producer, provided that they have been generated by the latter.
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The prohibition of applying the deduction is introduced when the financier is linked in the sense of article 18 of the LIS with the taxpayer who generates the right to the deduction.
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It is required that the amount of the deduction applied by the financier must be taken into account for the purposes of applying the joint limit of 25% established in section 1 of article 39 of the LIS . However, this limit will be raised to 50% when the amount of the deduction corresponding to the financier is equal to or greater than 25% of its full share, less deductions to avoid international double taxation and bonuses.
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Special deduction regimes
Support programs for events of exceptional public interest.
New deductions are included in the business sector linked to events of exceptional public interest approved by Law 22/2021, of December 28, on the General State Budget for the year 2022 ( BOE of December 29).
Deductions for donations and other contributions
Donations, donations and contributions for priority patronage activities
The fifty-eighth Additional Provision of Law 22/2021, of December 28, on the General State Budget for the year 2022 ( BOE of December 29), establishes for 2022 the activities that are considered priority patronage activities and increases by five percentage points the percentages and limits of the deduction for donations of article 19 of Law 49/2002, of December 23, in relation to these activities.
Deduction for habitual and effective residence on the island of La Palma during the tax periods 2022 and 2023
Article 67 of the General State Budget Law for 2023 adds a fifty-seventh Additional Provision to the IRPF Law to allow, exclusively in the tax periods 2022 and 2023, taxpayers with habitual and effective residence on the Island of La Palma to apply the deduction provided for residents of Ceuta and Melilla in article 68.4.1 of this IRPF Law.
Deduction for works to improve the energy efficiency of homes
The temporal scope of application of the deduction for works to improve the energy efficiency of homes is extended for another year in accordance with the provisions of Royal Decree-Law 18/2022, of October 18, which approves measures to reinforce the protection of energy consumers and to contribute to the reduction of natural gas consumption in application of the "Plan + security for your energy (+SE)", as well as measures regarding the remuneration of personnel serving in the public sector and the protection of temporary agricultural workers affected by the drought.