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Practical Manual of Companies 2021.

Deductions excluded from the R&D&i limit (art. 39.2 LIS)

Entities to which the general tax rate provided for in section 1 or section 6 of article 29 of the LIS applies, may choose for excluding from the joint limits established in the last paragraph of article 39.1 of the LIS (25/50 percent), having to apply in its place a discount of 20 percent of its amount, to the deductions for research and development and technological innovation activities referred to in sections 1 and 2 of article 35 of the LIS, in the terms established in article 39.2 of the LIS.

In the case of insufficient quota , payment may be requested from the Tax Administration through the declaration of this Tax, once elapsed, at least one year from the end of the tax period in which the deduction was generated, without it having been applied. This payment will be governed by the provisions of article 31 of Law 58/2003, of December 17, General Tax, and its implementing regulations, without, in any case, the accrual of the late payment interest to which Article 31.2 of said Law refers.

Remember:

To exercise the option for the exclusion of the joint limit on deductions for research and development activities, applying with a 20 percent discount, as well as to request payment from the Tax Administration in In the case of insufficient quota in the terms established in article 39.2 of the LIS, box [00059] «Options arts. 39.2 and 39.3 LIS» on page 1 of model 200.

In accordance with the provisions of article 39.2 of the LIS, the amount of the deduction applied or paid:

  • It may not jointly exceed the amount of 1 million euros per year , in the case of technological innovation activities.

  • It may not jointly exceed, and for all concepts, the 3 million euros annually , in the case of research and development and technological innovation activities.

Both limits will apply to the entire group of companies, in the case of entities that are part of the same group according to the criteria established in article 42 of the Commercial Code, regardless of their residence and the obligation to prepare consolidated annual accounts.

Additionally, in the event that the research and development expenses of the tax period exceed 10 percent of the net amount of the turnover of the same , the deduction provided for in article 35.1 of The LIS generated in said tax period may be excluded from the limit established in the last paragraph of the previous section, and applied or paid with a discount of 20 percent of its amount in the first declaration that is presented after at least one year has elapsed since the end of the tax period in which the deduction was generated, without it having been applied, up to an additional amount of 2 million euros .

  1. Requirements
  2. Filling in form 200