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Practical Manual of Companies 2021.

Scope of application and requirements

With effect for tax periods that begin on or after January 1, 2021 , in addition to the producer , it is allowed to make investments in Spanish productions of feature films and short films and audiovisual series of fiction, animation or documentaries, which allow the preparation of a physical support prior to their serial industrial production, can apply the deduction for investments in Spanish film productions, the taxpayer who participate in the financing of said productions, provided that the following requirements are met:

  1. That the production obtains the corresponding certificate of nationality and the certificate that accredits the cultural character in relation to its content , its connection with the Spanish cultural reality or its contribution to the enrichment of the cultural diversity of the cinematographic works that are exhibited in Spain, issued by the Institute of Cinematography and Audiovisual Arts , or by the corresponding body of the Autonomous Community with jurisdiction in the matter.

    With effect for tax periods beginning on or after January 1, 2021 , these certificates will be binding for the tax administration competent in matters of accreditation and application of the previous tax incentives and identification of the beneficiary producer, regardless of the moment of their issuance.

  2. That a new and in perfect condition copy of the production to the Spanish Film Library or the film library officially recognized by the respective Autonomous Community.

  3. Furthermore, so that the taxpayer who participates in the financing of the production carried out by another taxpayer can apply the deduction, he must sign a financing contract with the producer that must be presented together with the certification of the compliance with the requirements set out in letters a) and b) above, in a communication to the Tax Administration , signed by both him and the producer, prior to the end of the tax period in that the deduction is generated, in the terms established by regulation.

  4. Finally, it is required that the assets must remain in operation for 5 years for real estate, 3 years for movable assets. or during the useful life if lower. With effect for tax periods beginning on or after January 1, 2021, in the case of film productions and audiovisual series, this requirement will be deemed met to the extent that the production company maintains the same percentage of ownership of the work for a period of 3 years, without prejudice to its power to fully or partially market the exploitation rights derived from it to one or more third parties.

Keep in mind:

In Royal Decree-Law 17/2020, of May 5, , the definition of cinematographic productions is modified, allowing until August 31, 2020 (this period has been extended by the Order CUD /807/2020, from August 27 to January 31, 2021 ), is also considered commercial release of a film , without it losing its status as a cinematographic film, resulting, therefore, in applying the deduction for investments in Spanish cinematographic productions, which is carried out through the television and platforms that offer streaming content (through television audiovisual communication services, as well as electronic communication services that broadcast television channels or program catalog services).