1. Common rules for deductions

a) Percentages and limits for the application of corporate tax deductions

Regulations: Articles 68.2 and 69.2 Law IRPF

The deduction percentage corresponding to each type of investment and the limits (joint or specific) applicable to the deductions generated are reflected, respectively, in the table of the General Deduction Regime and in the table of the Special Deduction Regimes .

These limits apply to the quota resulting from reducing the sum of the full, state and regional quotas by the total amount of the deductions for investment in new or recently created companies and for actions for the protection and dissemination of the Spanish Historical Heritage and the cities, groups and assets declared World Heritage.

b) Deductions not applied in the year due to insufficient quota

Regulations: Art. 39.1 and twenty-fourth transitional provision LIS

Deductions from the exercise itself: In accordance with article 39.1 of the LIS the amounts corresponding to the tax period not deducted may be applied in the settlements of the tax periods that conclude in the immediate and successive 15 years. However, the amounts corresponding to the deduction for research and development activities and technological innovation of article 35 of the LIS may be applied in the liquidations of the tax periods that conclude in the immediate and successive 18 years.

Deductions from previous years: the deductions provided for in Chapter IV of Title VI of Law 43/1995, of December 27, on Corporation Tax, and in Chapter IV of Title VI of the consolidated text of the Corporation Tax Law, approved by Royal Legislative Decree 4/2004, of March 5, which were pending application at the beginning of the first tax period starting on or after January 1, 2015, may be deducted as of said tax period, with the requirements provided for in their respective applicable regulations prior to that date, within the period and under the conditions established in article 39 of the current Corporation Tax Law.

c) Cases of deferral of the calculation of deadlines

Regulations: Art. 39.1 LIS

The calculation of the periods for the application of deductions may be deferred until the first fiscal year in which, within the limitation period, positive results are produced, in the following cases:

1. In newly created entities.

2. In entities that offset losses from previous years by effectively providing new resources, without considering the application or capitalization of reserves as such.

d) Incompatibilities

Regulations: Art. 39.4 LIS

As a general rule, the same investment may not give rise to the application of more than one deduction by the same taxpayer unless expressly provided, nor may it give rise to the application of a deduction by more than one taxpayer.

e) Maintenance of investments

Regulations: Art. 39.5 LIS

Assets affected by deductions must remain in operation for 5 years or 3 years, if they are movable assets, or during their useful life if this is less.

In the case of film productions and audiovisual series, this requirement is deemed to be met to the extent that the producer maintains the same percentage of ownership of the work for a period of 3 years, without prejudice to its right to market all or part of the exploitation rights derived from it to one or more third parties.

f) Limitation on the right to verify deductions

Regulations: Art. 39.6 LIS

The right of the Administration to initiate the procedure for checking the deductions for incentives and stimuli for business investment of the LIS provided for in this section applied or pending application will expire 10 years after the day following the end of the period established for submitting the declaration or self-assessment corresponding to the tax period in which the right to its application was generated.

After this period, the taxpayer must prove the deductions that he intends to apply by showing the liquidation or self-assessment and the accounting, with proof of their deposit during the aforementioned period in the Commercial Registry.

g) Other general conditions and requirements of application

The deductions discussed in this section are only applicable to taxpayers who carry out economic activities and determine their net income using the direct estimation method, in either of its two modalities.

However, deductions pending application from investments made in previous years in which the taxpayer was included in the direct estimation method and has met the requirements established for this purpose, may be deducted in this declaration and until the end of the legal period granted for this, even if the taxpayers are covered in this year by the objective estimation method.

Note: IRPF taxpayers, partners of civil companies to which the income attribution regime has been applied and who acquired the status of Corporate Tax taxpayers as of January 1, 2016, may continue to apply to their full tax rate the deductions for investment in economic activities provided for in article 68.2 of the IRPF Law that were pending application as of January 1, 2016 under the terms provided for in article 69 of the IRPF Law , provided that the conditions and requirements established in the LIS are met (thirtieth transitional provision of Law IRPF ).