Transitional scheme (20th transitional provision LIS)

With effects for tax periods that begin on or after January 1, 2018 , Law 6/2018, of July 3, on the General State Budgets for the year 2018, introduced several modifications to the twentieth transitional provision of the LIS , so as of that date, the transitional regime applicable to the reduction of income from certain intangible assets available prior to July 1 of 2016 is as follows:

Transfers of intangible assets carried out before 09-29-2013

The taxpayer may choose to apply in all tax periods remaining until the end of the corresponding contracts, the regime established in article 23 of TRLIS , according to the wording given to it by Law 16 /2007, July 4.

The above will apply until June 30, 2021 .

As of July 1, 2021 , the taxpayer must apply to these assignments the regime provided for in article 23 of the LIS, according to the wording given to it by Law 6/2018, of July 3, General State Budgets for the year 2018.

Transfers of intangible assets carried out from 09-29-2013 to 06-30-2016

The taxpayer may choose to apply in all tax periods remaining until the end of the corresponding contracts, the regime established in article 23 of the LIS, according to the wording in force on January 1, 2015.

The above will apply until June 30, 2021 , except in the event that the intangible assets had been acquired between January 1 and June 30, 2016 directly or indirectly to an entity linked to the transferor and at the time of the acquisition they had not been subject to a regime of reduction of income from certain intangible assets, in which case the provisions of this section will apply until December 31, 2017 .

Therefore, as of July 1, 2021, or January 1, 2018 , where applicable, the assignments that have been made in accordance with the provisions of this section must apply the regime established in article 23 of the LIS, according to the wording given to it by Law 6/2018, of July 3, on General State Budgets for the year 2018.

Transmissions of intangible assets subject to assignments for which the taxpayer had exercised the option carried out from 07-01-2016 to 06-30-2021

Taxpayers may choose to apply to the transfers of intangible assets that had previously been the subject of assignments for which they had exercised the option established in sections 1 or 2 above, which take place from July 1, 2016 to June 30, 2021 , the regime established in article 23 of the LIS, according to the wording in force as of January 1, 2015.

However, in the event that the intangible assets had been acquired between January 1 and June 30, 2016 directly or indirectly from an entity linked to the transferor and at the time of acquisition acquisition had not been subject to a regime for reducing income from certain intangible assets, taxpayers may only apply said regime to those carried out until December 31, 2017 .