Transitional scheme (20th transitional provision LIS)

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

Transfers of intangible assets made before 29-09-2013

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 , as amended by Law 16/2007, of July 4.

The above will apply until June 30, 2021 .

As of July 1, 2021 , the taxpayer must apply to these transfers the regime provided for in article 23 of the LIS, as amended by Law 6/2018, of July 3, on the General State Budget for the year 2018.

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

The taxpayer may choose to apply the regime established in article 23 of the LIS, as amended as of January 1, 2015, for all tax periods remaining until the end of the corresponding contracts.

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

Therefore, as of July 1, 2021, or January 1, 2018 , as applicable, the transfers that have been made in accordance with the provisions of this section must apply the regime established in article 23 of the LIS, as amended by Law 6/2018, of July 3, on the General State Budget for the year 2018.

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

Taxpayers may choose to apply the regime established in article 23 of the LIS, as amended as of January 1, 2015, to transfers of intangible assets that have previously been the subject of assignments for which they have exercised the option established in sections 1 or 2 above, which are carried out from July 1, 2016 to June 30, 2021 .

However, in the event that the intangible assets had been acquired between January 1 and June 30, 2016 directly or indirectly from an entity related to the transferor and at the time of acquisition they 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 .