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Practical Manual for Companies 2022.

Taxpayer who participates in the financing of film productions and live shows

With effect for tax periods beginning on or after 1 January 2021, the Fifth Final Provision of Law 38/2022, of 27 December, introduces into article 39.7 of the LIS in relation to the deductions provided for in sections 1 and 3 of article 36 of the LIS that may be applied to the taxpayer who participates in the financing of Spanish productions of feature films and short films and audiovisual series of fiction, animation, documentary or production and exhibition of live shows of performing and musical arts, the following modifications :

  • The taxpayer who participates in the financing may apply these deductions when he contributes amounts destined to finance all or part of the costs of production , as well as the expenses obtaining copies, advertising and promotion at the expense of the producer up to the limit of 30 percent of the production costs, provided that he does not acquire the intellectual property rights or other rights with respect to the results of the productions or shows, the ownership of which must in all cases belong to the producer.

    The amounts to finance the production costs may be contributed at any stage of production , before or after the producer incurs the aforementioned production costs, and until obtaining the certificates of nationality and the certificate accrediting the cultural character in relation to its content, as well as the one obtained by the National Institute of Performing Arts and Music, as the case may be. The amounts to finance the expenses for obtaining copies, advertising and promotion by the producer referred to in the previous section may be contributed before or after the moment in which the producer incurs the aforementioned expenses, but never after the tax period in which the producer incurs them.

  • The taxpayer participating in the financing will determine the amount of the deductions provided for in sections 1 and 3 of article 36 of the LIS under the same conditions as those applied to the producer, provided that they have been generated by the latter. The maximum amount of the deduction generated by the producer that the taxpayer participating in the financing may apply will be the result of multiplying by 1.20 the amount of the sums that the latter has contributed to finance the aforementioned production costs or the expenses for obtaining copies, advertising and promotion at the producer's expense. The excess deduction may be applied by the producer who generated the right to it.

  • As regards the obligation to sign a financing contract, both the producer and the contributors participating in the financing are permitted to sign one or more financing contracts, which may be signed at any stage of production . In addition, the details that financing contracts must contain are modified, adding the identity of the contributors who participate in the financing and the budget and the method of financing the expenses for obtaining copies, advertising and promotion at the producer's expense.

  • Regarding the communication to the Tax Administration that must be made by the taxpayer participating in the financing, it is established that it must be signed by both the producer and the taxpayer participating in the financing, prior to the end of the tax period in which the latter has the right to apply the deduction.

  • It is established that the taxpayer who participates in the financing may not apply the deductions referred to in the previous paragraphs when he is linked , in the terms established by article 18 of the LIS, with the taxpayer who generates the right to apply said deductions.

  • It is added that the amount of the deduction applied by the taxpayer participating in the financing must be taken into account for the purposes of applying joint limit 25 percent established in article 39.1 of the LIS. This limit will be raised to 50 percent when the amount of the deduction provided for in sections 1 and 3 of article 36 of the LIS, which corresponds to the taxpayer who participates in the financing, is equal to or greater than 25 percent of its full share reduced by deductions to avoid international double taxation and bonuses.