Deductions for incentives and stimuli to business investment in economic activities in direct estimation

Regulations: Articles 68.2 and 69.2 Law IRPF

Taxpayers who carry out economic activities in direct estimation may apply the incentives and stimuli for business investment established or to be established in the Corporate Tax regulations with equal percentages and deduction limits, with two exceptions:

The provisions of article 39.2 of the LIS which establishes the possibility of applying the deduction for research and development activities and technological innovation of sections and of article 35 of the IRPF .

Regarding the LIS see Law 27/2014, of November 27, on Corporate Tax.
The provisions of article 39.3 of the LIS which allows, in relation to the deduction for foreign cinematographic productions in Spain provided for in section 2 of article 36 of the 3## LIS 3## , to request, in the event of insufficient quota, the advance payment of the deduction for investment in foreign production of cinematographic feature films or audiovisual works, are also not applicable to taxpayers of the IRPF .

In addition to the deductions established by the LIS , with the exceptions indicated above, taxpayers of the IRPF whose activities meet the requirements to be considered small entities may deduct the net income from economic activities of the tax period that are invested in new elements of tangible fixed assets or real estate investments related to economic activities in the terms discussed below.

Consequently, in the current fiscal year 2022, the deductions for incentives and stimuli for business investment that can be applied by taxpayers who are owners of economic activities in the direct estimation method, in any of its two modalities, normal or simplified, can be structured in the following categories or regimes: