9.8.1. General conditions and requirements for application
In general, taxpayers who carry out economic activities are entitled to the incentives and incentives for business investment established in the Corporation Tax regulations, with equal limits and deduction percentages, with two exceptions:
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Deduction for research and development and technological innovation activities (Art. 39.2 of the Corporation Tax Law). Possibility of application without being subject to the overall limit of the full amount.
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That which allows applying, in the event of insufficient amount, the advance payment of deduction for investment in foreign production of feature films or audiovisual works. (Art. 39.3 Corporation Tax Law)
These incentives will only apply to taxpayers under the objective assessment regime when expressly established.
However, amounts pending deduction from investments made in previous years in which the return was determined under the direct estimation regime may be deducted in this declaration and until the end of the legal period granted for this, even if the taxpayers are covered by the objective estimation regime in this year.
Investments made by entities under an income attribution regime (civil companies that are not subject to corporate tax, unclaimed inheritances, community property, etc.) that determine their net returns by direct estimation, may be subject to deduction by each of the partners, heirs or co-owners in proportion to their participation in the entity's profit (art. 8 Law).