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Practical manual for Income Tax 2021.

Article 35 LIS "Deduction for research and development and technological innovation activities"

Note: It should be noted that, in accordance with the provisions of article 68.2 of the Law of PIT, the deductions for research and development activities and technological innovation of article 35.1 and 2 of the Personal Income Tax are applicable to taxpayers who carry out economic activities. LIS, with exception of the provisions of section 2 of article 39 of the LIS, That is, they may not, optionally, be excluded from the joint limit of 50%, nor apply said deductions with a discount of 20% of their amount when certain requirements are met, nor, finally, request, in the event of insufficient quota, its payment to the Administration in the terms determined by the LIS.

The most relevant modalities and aspects to be examined in the deduction for research and development activities and technological innovation of article 35 of the LIS are the following:

  1. A. Deduction for Research and Development activities (art. 35.1 LIS)
  2. B. Deduction for technological innovation activities (art. 35.2 LIS)
  3. C. Exclusions and prior assessment of expenses