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Practical Manual of Companies 2020.

Option for the exclusion and payment of the limit

In the case of entities to which the general tax rate provided for in section 1 or section 6 of article 29 of the LIS applies, deductions for research activities and technological development and innovation referred to in sections 1 and 2 of article 35 of this Law, may, optionally, be excluded from the limit established in the last paragraph of article 39.1 of the LIS, and be applied with a discount of 20 percent of its amount, in the terms established in this section.

In the case of insufficient quota , payment may be requested from the Tax Administration through the declaration of this Tax, once the period included in letter a) of the following section has expired. «Requirements » . This payment will be governed by the provisions of article 31 of Law 58/2003, of December 17, General Tax, and its implementing regulations, without, in any case, the accrual of the late payment interest to which Article 31.2 of said Law refers.

In accordance with the provisions of article 39.2 of the LIS, the amount of the deduction applied or paid:

  • may not jointly exceed the amount of 1 million euros per year , in the case of technological innovation activities.

  • may not jointly exceed, and for all concepts, the 3 million euros annually , in the case of research and development and technological innovation activities.

Both limits will apply to the entire group of companies, in the case of entities that are part of the same group according to the criteria established in article 42 of the Commercial Code, regardless of their residence and the obligation to prepare consolidated annual accounts.