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Practical Handbook for Companies 2021

Box 00059 Options articles39.2 and 39.3 Spanish Corporation Tax Act (LIS)

This box should be ticked by entities to which the tax rate provided for in paragraph 1 or paragraph 6 of article 29 of the LIS applies and which, in accordance with the provisions of article 39.2 of the LIS, have opted to exclude the deductions for research and development and technological innovation activities regulated in paragraphs 1 and 2 of article 35 of the LIS, from the joint limits established in the last paragraph of article 39.1 of the LIS (25/50 per cent), applying instead a discount of 20 per cent of their amount.

These entities shall also tick this box in cases where, due to insufficient tax liability in the application of the deductions in the previous paragraph, request their payment to the tax authorities in the period covered by the tax return, under the terms established in Article 39.2 of the LIS.

This box should also be ticked by entities that, in the event of insufficient quota in the application of the deduction for foreign film productions provided for in Article 36.2 of the LIS, request its payment to the tax authorities in the period covered by the tax return, under the terms established in Article 39.3 of the LIS.