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Practical Income Manual 2022.

B. Deduction for technological innovation activities (art. 35.2 LIS)

Concept of technological innovation

Regulations: Art. 35.2.a) LIS

Technological innovation is considered to be the activity whose result is a technological advance in obtaining new products or production processes or substantial improvements to existing ones. New products or processes are considered to be those whose characteristics or applications are substantially different from those that existed previously, from a technological point of view.

This activity will include the materialization of new products or processes in a plan, scheme or design, the creation of a first non-marketable prototype, initial demonstration projects or pilot projects, including those related to animation and video games and textile samples. , of the footwear, tanning, leather goods, toys, furniture and wood industries, provided that they cannot be converted or used for industrial applications or for commercial exploitation.

Deduction base

Regulations: Art. 35.2.b) LIS

1. Technological innovation activities whose expenses are included in the deduction base

The base of the deduction for technological innovation activities will be constituted by the amount of the expenses of the period that correspond to the following concepts:

  1. Technological diagnosis activities based around the identification, definition and orientation of advanced technological solutions, regardless of their results.

  2. Industrial design and engineering for production processes, including the design and elaboration of plans, drawings and supports aimed at defining the descriptive elements, technical specifications and functioning characteristics required for the manufacturing, testing, installation and use of a product, as well as the elaboration of textile samples, in the footwear, tanning, leather goods, toys, furniture and wood industries.

  3. Acquisition of advanced technology in the form of patents, licenses, know-how and designs.

    Amounts paid to people or entities related to the taxpayers do not give way to the right to the deduction.

    The base corresponding with this concept cannot exceed 1 million euros.

  4. Acquisition of the certificate of compliance with quality-assurance standards, corresponding with ISO 9000, GMP or similar, without including expenses incurred for implementing said standards.

2. Delimitation of technological innovation expenses

Technological innovation expenses are considered to be those incurred by the taxpayer as long as they are directly related to technological innovation activities, are effectively applied to their implementation and are specifically individualized by projects.

The technological innovation expenses that make up the basis of the deduction must correspond to activities carried out in Spain or in any Member State of the European Union or the European Economic Area.

Likewise, the amounts paid to carry out said activities in Spain or in any Member State of the European Union or the European Economic Area, at the request of the taxpayer, individually or in collaboration with other entities, will be considered technological innovation expenses.

The base of the deduction will be reduced by the amount of the subsidies received to promote said activities, and are taxed as income during the tax period.

Percentage of deduction

Regulations: Art. 35.2.c) LIS

In this case, the deduction percentage will be 12 per 100 of the expenses incurred in the tax period for this concept.

Note:Please note that, in the years 2020 and 2021 , the increases in the deduction rate for said years for expenses incurred in projects started on or after June 25, 2020 consisting of the realization of technological innovation activities whose result is a technological advance in obtaining new production processes in the value chain of the automotive industry or substantial improvements to existing ones, will be:

  • Up to 50 percent in the case of taxpayers who are considered small and medium-sized companies in accordance with the provisions of Annex I of Regulation (EU) No. º 651/2014 of the Commission, of June 17, 2014

    In accordance with the aforementioned Regulation (EU) No. 651/2014, the category of micro, small and medium-sized enterprises (SMEs) is made up of companies that employ less than 250 people and whose annual turnover does not exceed 50 million euros or whose annual general balance does not exceed 43 million euros.

  • Up to 15 percent for the rest of taxpayers under certain requirements.

Therefore, for the 2022 financial year, the applicable deduction percentage will be the one generally established, 12%.

See in this regard article 7 of Royal Decree-Law 23/2020, of June 23.