B. Deduction for foreign film productions in Spain (art. 36.2 LIS)
Note: It should be taken into account that, in accordance with the provisions of article 68.2 of the Personal Income Tax Law , personal income tax taxpayers who carry out economic activities can apply this deduction of article 36.2 of LIS , with exception of the provisions of section 3 of article 39 of the LIS , that is, may not , in case of insufficient quota, request payment from the Administration in the terms determined by the LIS .
Producers registered in the Administrative Registry of Cinematographic Companies of the Institute of Cinematography and Audiovisual Arts who are responsible for the execution of a foreign production of feature films or audiovisual works that allow the preparation of a physical support prior to their industrial production. serial, will be entitled to a deduction for expenses incurred in Spanish territory.
Basis of deduction
The basis of the deduction is made up of the following expenses incurred in Spanish territory directly related to production:
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The expenses of creative personnel, provided 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.
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Expenses deriving from the use of technical industries and other suppliers.
Deduction percentages and maximum deduction amount
The deduction amount will be:
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In general
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Of 30 per 100 with respect to the first million base of the deduction.
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Of 25 per 100 on the excess of said amount.
The deduction will be applied whenever such expenses incurred in Spanish territory are at least 1 million euros . However, in the case of animation productions the amount of such expenses is established at least 200,000 euros .
The amount of this deduction may not exceed 10 million euros , for each production carried out.
Likewise, article 36.2 of the LIS also establishes that the amount of this deduction, together with the rest of the aid received by the taxpayer, may not exceed 50 percent of production cost .
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When the producer is in charge of the execution of visual effects services and the expenses incurred in Spanish territory are less than 1 million euros: From 30 per 100 of the deduction base.
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 the aids of "minimis" .
In short:
| Deduction percentage | Maximum amount | Basis of deduction | |
|---|---|---|---|
| 30% |
When the producer is in charge of the execution of visual effects services and the expenses incurred in Spanish territory are less than €1 million. |
It may not exceed the amount established for "minimis" aid ## by Regulation (EU) 1407/2013. |
The following expenses incurred in Spanish territory directly related to production:
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| 30% | Up to €1 million deduction base. |
€10 million for each production carried out Requirement: The deduction will be applied as long as the expenses incurred in Spanish territory are at least €1 million. However, in the case of animation productions the amount of such expenses is established at least €200,000. |
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| 25% | Over the excess of €1 million. | ||
Requirements
From January 1, 2021, compliance with the following requirements will be necessary to apply the deduction:
a') That the production obtains the corresponding certificate that accredits the cultural character in relation to its content or its connection with the Spanish or European cultural reality, issued by the Institute of Cinematography and Audiovisual Arts, or by the corresponding body of the Autonomous Community with jurisdiction in the matter.
Note: it is not necessary to obtain the certificate referred to in this letter a') for the application of the deduction d 30 percent of the deduction base, applicable 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 of article 36.2.b) LIS .
b') That a specific reference to having benefited from the tax incentive be incorporated into the final production credit titles; the collaboration, where appropriate, of the Government of Spain, the Autonomous Communities, the Film Commissions or the Film Offices that have directly intervened in the filming or other production processes developed in Spain, as well as, where appropriate, the specific filming locations in Spain and, in the case of animated audiovisual works, the place where the studio that has been entrusted with the production service is located.
c') That the rights holders authorize the use of the title of the work and of graphic and audiovisual press material that expressly includes specific locations of filming or any other production process carried out in Spain, for the performance of activities. and preparation of promotional materials in Spain and abroad for cultural or tourist purposes, which can be carried out by state, regional or local entities with powers in matters of culture, tourism and economy, as well as by Film Commissions or Film Offices. who have participated in the filming or production.
Note: The requirements established in letters b') and c') are not applicable in the case of foreign productions of feature films and audiovisual works in which the contract by which the execution of the production was commissioned had been signed prior to 11 July 2021 , by application of the provisions of the forty-second transitional provision of the LIS .
Limits
This deduction is excluded from the joint limit (25/50 per 100) provided for in article 39.1 LIS for deductions to encourage the performance of certain activities and, therefore, this deduction for expenses of executing a foreign production is not computed for the calculation of said limit.
Finally, keep in mind that, in case of insufficient quota in the application of this deduction of article 36.2 of the LIS , the possibility of being able to request its payment from the Administration that is granted in Article 39.3 of the LIS , is not applicable to Personal Income Tax , in accordance with the provisions of the article 68.2 of the Personal Income Tax Law .