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Form 100. Personal Income Tax Return 2021

For investments in film productions, audiovisual series and live performances of performing arts and music

  • For investments in Spanish film productions and audiovisual series (art. 36.1 LIS)

    Investments in Spanish productions of feature films and short films and audiovisual series of fiction, animation or documentaries, which allow the creation of a physical support prior to their serial industrial production, will entitle the producer to a deduction of 30% on the first million euros of the deduction base, and 25% on the excess of said amount. The amount of this deduction may not exceed 10 million euros.

    The basis for the deduction will be the total cost of production, as well as the costs of obtaining copies and the advertising and promotion costs borne by the producer up to a limit for both of 40% of the cost of production. At least 50% of the deduction base must correspond to expenses incurred in Spanish territory. The basis for assessment will be reduced by the amount of any grants received to finance investments entitling the producer to this deduction.

    In order to apply the deduction, certain requirements must be met.

    The amount of this deduction, together with the rest of the aid received, may not exceed 50% of the cost of production. However, this limit will be raised for certain productions.

  • For investments in foreign film productions in Spain (art. 36.2 LIS)

    Producers registered in the Administrative Registry of Film Companies of the Institute of Cinematography and Audiovisual Arts who are in charge of the execution of a foreign production of feature films or audiovisual works that allow the creation of a physical support prior to their serial industrial production will be entitled to the deduction provided for in this section for expenses incurred in Spanish territory.

    The basis of assessment will include the following expenses made in Spanish territory directly relating to the production:

    1. Expenses for creative staff, provided that they have tax residence in Spain or in a member state of the European Economic Area, with a limit of 100,000 euros per person.

    2. Expenses deriving from the use of technical industries and other suppliers.

    The deduction amount will be:

    • 30% of the first million of the deduction base and 25% of the excess over said amount.

      The deduction will be applied provided that the expenses incurred in Spanish territory are at least 1 million euros. However, in the case of animation productions, such expenses will be at least 200,000 euros.

      The amount of this deduction may not exceed 10 million euros for each production carried out.

      The amount of this deduction, together with the rest of the aid received by the contributing company, may not exceed 50% of the cost of production.

    • 30% of the deduction base, when the producer is responsible for the execution of visual effects services and the expenses incurred in Spanish territory are less than 1 million euros.

      The amount of this deduction may not exceed the amount established by Commission Regulation (EU) 1407/2013, of December 18, 2013, relating to the application of articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.

      The deduction provided for in this section is excluded from the limit referred to in the last paragraph of section 1 of article 39 of this Law. This deduction will not be taken into account for the purpose of the calculation of the aforementioned limit. In order to apply the deduction, certain requirements must be met.

  • For investments in live productions of performing arts and music (art. 36.3 LIS)

    The costs incurred for producing and exhibiting live shows in the performing arts and music will be subject to a 20% reduction.

    The base of the deduction will consist in the direct costs of an artistic, technical and promotional nature, incurred in such activities.

    The deduction generated in each tax period may not exceed the amount of 500,000 euros per taxpayer.

    The following requirements must be met for the application of this deduction:

    • The taxpayer must have a certificate to prove this, under the terms established by Ministerial Order, issued by the National Institute of Performing Arts and Music.

    • That, of the benefits obtained from the development of these activities in the year in which the right to the deduction is generated, the taxpayer allocates at least 50% to carrying out activities that give the right to apply the deduction provided for in this section.

      The time period for meeting this obligation is from the start of the fiscal year in which the aforementioned profits are acquired, and 4 years following the close of the same fiscal year.

    The base of this deduction will be reduced by the amount of the subsidies received to fund such expenses.

    The amount of the deduction, together with any subsidies received by the taxpayer, may not exceed 80% of said expenses.

  • Businessmen or professionals who participate in the financing of Spanish audiovisual productions and performing arts and musical shows (art. 39 LIS)

    Taxpayers who carry out economic activities and participate in the financing of Spanish productions of feature and short films and audiovisual series of fiction, animation, documentaries or production and exhibition of live shows of performing arts and music carried out by another taxpayer will also have access to the deduction provided for in sections 1 and 3 of article 36 LIS, when they contribute amounts as financing, to cover all or part of the costs of production without acquiring intellectual property rights or other rights with respect to the results thereof, the ownership of which must in all cases belong to the producer. These contributions can be made at any stage of production until the nationality certificate is obtained.

    The reimbursement of the amounts contributed will be carried out through net deductions in the quota, which in accordance with the contract and the provisions of sections 1 and 3 of article 36, the producer transfers to the taxpayer who participates in the financing.

    In order to apply the provisions of this article, it will be necessary for both the producer and the taxpayer who participate in the financing of the production to sign a financing contract that meets certain requirements.

    • Identity of the contributors participating in the production.

    • Production description.

    • Production budget with a detailed description of the expenses and, in particular, those that will be incurred in Spanish territory.

    • Form of financing production, specifying separately the amounts contributed by the producer, those contributed by the taxpayer who participates in its financing and those corresponding to subsidies and other support measures.

    • Other issues established by regulation.

    The taxpayer or taxpayers participating in the financing shall have the right to credit in their self-assessment the deduction provided for in this article, its amount being determined under the same conditions as those applied by the producer. Notwithstanding the foregoing, the taxpayer who participates in the financing of the production may not apply a deduction greater than the corresponding amount, in terms of quota, resulting from multiplying by 1.20 the amount of the sums disbursed by him for the financing of the production. The excess may be applied by the producer.

    The taxpayer or taxpayers who participate in the financing of production will apply the deduction established in this article annually, based on the contributions disbursed in each tax period.