From 01-07-2016 to 31-12-2017

Applicable regulations: Article 23 LIS , as amended by Law 48/2015, of October 29.

• Reduction amount

  Income from the transfer of the right to use or exploit patents, designs or models, plans, secret formulas or procedures, rights to information relating to industrial, commercial or scientific experiences, shall be entitled to a reduction in the tax base by the percentage resulting from multiplying by 60 percent the result of the following coefficient:

  1. In the numerator , the expenses incurred by the transferor entity directly related to the creation of the asset, including those derived from subcontracting with third parties not related to the latter. These expenses will be increased by 30 percent, without, in any case, the numerator being able to exceed the amount of the denominator.

  2. In the denominator, the expenses incurred by the transferor entity directly related to the creation of the asset, including those derived from subcontracting and, where applicable, the acquisition of the asset.

  In no case shall the aforementioned coefficient include financial expenses, repayments on properties or other expenses not directly related to the creation of the asset.

  The above will also apply in the case of the transfer of intangible assets referred to therein, when said transfer is carried out between entities that do not have the status of related .

• Income from the transfer of intangible assets

  In the case of transfer of intangible assets, for the purposes of their integration into the tax base with the reduction set out in the previous section, regardless of whether the asset is or is not recognised in the entity's balance sheet, income shall be understood as the positive difference between the income of the year from the transfer of the right to use or exploit the assets and the amounts deducted in the same by application of article 12.2 of the LIS, and by those expenses of the year directly related to the transferred asset.

• Requirements

  To apply this reduction, the following requirements must be met:

  1. That the transferee uses the rights of use or exploitation in the development of a economic activity and that the results of such use do not materialize in the delivery of goods or provision of services by the transferee that generate tax-deductible expenses in the transferor entity, provided that, in the latter case, said entity is linked to the transferee.

  2. That the transferee does not reside in a country or territory with zero taxation or classified as a tax haven , unless it is located in a Member State of the European Union and the taxpayer proves that the operation responds to valid economic reasons and that it carries out economic activities.

  3. When the same transfer contract includes accessory services the compensation corresponding to them must be differentiated in said contract.

  4. That the entity has the accounting records necessary to determine the direct income and expenses corresponding to the assets being transferred.

Filling in form 200

In the event that the taxpayer applies the reduction provided for in the previous sections on income derived from the transfer or transmission of intangible assets, he/she must make a negative adjustment to the accounting result in box [00372] "Reduction of income from certain intangible assets (art. 23 and DT 20 LIS)" on page 13 of form 200, recording as the amount the percentage resulting from multiplying by 60 percent the result of the coefficient provided for in article 23.1 of the LIS.