Deductions from the full fee
Deductions for incentives and stimuli for business investment in economic activities in direct estimation
General regime and special regimes of deductions for incentives and stimuli for business investment of the Corporate Tax Law
General deduction regime
Deduction for investments in Spanish film productions and audiovisual series (art. 36.1 LIS ) and deduction for the production of certain live shows (art. 36.3 LIS )
Law 38/2022, of December 27, for the establishment of temporary taxes on energy and credit institutions and financial credit establishments and which creates the temporary solidarity tax on large fortunes, and modifies certain tax regulations ( BOE of December 28) has modified in its fifth Final Provision, with effects for tax periods that begin on or after January 1, 2021, article 39.7 of the LIS introducing, in relation to the application of the deductions of sections 1 and 3 of article 36 of the LIS by taxpayers who finance the costs of the production (financiers) of Spanish productions of feature films and short films, audiovisual series and live performing arts and musical shows, the following developments:
The taxpayer who participates in the financing (hereinafter financier) can apply the deduction not only for the amounts intended to finance all or part of the production costs, but also for the expenses of obtaining copies, advertising and promotion to charge of the producer up to the limit of 30 percent of the production costs.
The amounts to finance production costs that give the right to apply the deductions of article 36, sections 1 and 3 of the LIS, may be contributed at any stage of production, prior to or after the moment in which the producer incurs production costs, eliminating the reference that indicated that the investor would apply the deduction annually, based on the contributions disbursed in each tax period.
As a consequence of being able to provide amounts for financing at any stage of production, the financing contract may also be signed at any stage of production.
The financier may apply the deductions provided for in sections 1 and 3 of article 36 of the LIS under the conditions and terms indicated therein and determining their amount under the same conditions that would have been applied to the producer, provided they have been generated by the latter.
The prohibition of applying the deduction is introduced when the financier is linked in the sense of article 18 of the LIS with the taxpayer who generates the right to the deduction.
It is required that the amount of the deduction applied by the financier must be taken into account for the purposes of applying the joint limit of 25 percent established in section 1 of article 39 of the LIS . However, this limit will be raised to 50 percent when the amount of the deduction corresponding to the financier is equal to or greater than 25 percent of its full quota reduced by deductions to avoid international double taxation and bonuses.
Special deduction regimes
Support programs for events of exceptional public interest.
New deductions are included in the business field linked to events of exceptional public interest approved in Law 22/2021, of December 28, on General State Budgets for the year 2022 ( BOE of December 29).
Deductions for donations and other contributions
Donations, donations and contributions for priority patronage activities
The fifty-eighth Additional Provision Law 22/2021, of December 28, on General State Budgets for the year 2022 ( BOE of December 29), establishes for 2022 the activities that are considered priority patronage activities and increases by five percentage points the percentages and limits of the deduction for donations of article 19 of Law 49/2002, of December 23, in relation to these activities.
Deduction for habitual and effective residence on the island of La Palma during the 2022 and 2023 tax periods
Article 67 of the General State Budget Law for 2023 adds a fifty-seventh Additional Provision to the Personal Income Tax Law to allow, exclusively in the 2022 and 2023 tax periods, taxpayers with habitual and effective residence on the Island of La Palma can apply the deduction provided for residents of Ceuta and Melilla in article 68.4.1 of this Personal Income Tax Law .
Deduction for works to improve the energy efficiency of homes
The temporal scope of application of the deduction for works to improve the energy efficiency of homes is extended for another year in accordance with the provisions of Royal Decree-Law 18/2022, of October 18, which approves energy efficiency measures. reinforcement of the protection of energy consumers and contribution to the reduction of natural gas consumption in application of the "Plan + security for your energy (+SE)", as well as measures regarding remuneration of personnel serving the public sector and protection of temporary agricultural workers affected by the drought.