From 29-09-2013 to 30-06-2016

Applicable regulations : Article 23 LIS , in its original wording.

• Amount of reduction and requirements

  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, will be included in the tax base at 40 percent of its amount, when the following requirements are met:

  1. That the transferor entity has created the assets being transferred at least percent of cost.

  2. 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.

  3. 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.

  4. When a single transfer contract includes accessory services, compensation corresponding to them must be differentiated in said contract.

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

  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 form part of a group of companies according to the criteria established in article 42 of the Commercial Code, regardless of residence and the obligation to prepare consolidated annual accounts.

• 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 articles 12.2 or 13.3 of the LIS, where applicable, and by those expenses of the year directly related to the transferred asset.

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. and DT LIS) on page of form 200, recording percent of said income.