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Practical Handbook for Companies 2021

Previous agreements

For the purposes of applying this reduction, prior to carrying out the operations, the taxpayer may request the tax authorities to adopt a prior valuation agreement in relation to the income from the transfer of the assets and the associated expenses, as well as the income generated in the transfer.

This application shall be accompanied by a valuation proposal , which shall be based on market value.

The proposal will be considered rejected following the resolution period.

Likewise, prior to carrying out the operations, the taxpayer may request from the tax authorities a prior agreement to classify the assets as belonging to one of the categories referred to in Article 23.1 of the LIS, and to assess the income from the transfer of the assets and the associated expenses, as well as the income generated in the transfer.

This application will accompany an assessment proposal, which will be based on market value.

The proposal will be considered rejected following the resolution period.

The resolution of this agreement will require binding report issued by the Directorate General for Taxation, in relation to the qualification of the assets.If deemed appropriate, the Directorate General for Taxation may request a non-binding opinion on the matter from the Ministry of Economy, Industry and Competitiveness (currently the Ministry of Science and Innovation).