Common standards

Limits

The deduction limits apply to the amount resulting from reducing the sum of the full state and regional amounts by the total amount of deductions for investment in newly created or recently created companies and for actions for the protection and dissemination of the Spanish Historical Heritage and the World Heritage.

The amount of deductions for the different types of investment (regulated in arts. 36 to 39 of the LIS) may not jointly exceed 25% of the aforementioned quota.

However, the limit will be raised to 50% when the amount of the deductions for R&D and technological innovation activities and the deduction for investments in film productions, audiovisual series and live performances of performing and musical arts that correspond to expenses and investments made in the tax period itself, exceeds 10% of the aforementioned quota.

When there are outstanding balances from previous years, the applicable limit will be applied to the deductions for the year and to the balances from previous years.

Limits are calculated and enforced by the program.

Amounts not deducted

The amounts corresponding to the tax period not deducted for exceeding the maximum limit may be applied, respecting the same limits, in the liquidations of the tax periods that conclude in the next fifteen years.

However, the amounts corresponding to the deductions for scientific research and technological innovation activities and for the promotion of information and communication technologies may be applied in the liquidations of the tax periods that end in the immediate and successive eighteen years.

Maintaining investment

Assets subject to the deductions provided for in Articles 35 to 39 of the Corporate Income Tax Law must remain in operation for five years, or three in the case of movable property, or for their useful life if this is less.

In the case of film productions and audiovisual series, this requirement will be deemed to be met to the extent that the producer maintains the same percentage of ownership of the work for a period of 3 years, without prejudice to its right to market all or part of the exploitation rights derived from it to one or more third parties. 

The deducted amount, in addition to late payment interest, will be paid together with the corresponding fee for the tax period in which non-compliance with this requirement is manifested.

One-time deduction for investment

The same investment may not give rise to the application of the deduction to more than one person or entity.