Issues to take into account when settling the Tax in 2023
We inform you of the main news for the 2023 Companies Campaign.
Deduction for investment in cinematographic production
With effect for tax periods beginning on or after January 1, 2023, Law 38/2022, of December 27, modifies sections 1 and 2 of article 36 of the LIS to increase the limits Maximum deductions for investments in Spanish and foreign film productions and audiovisual series:
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Spanish film productions
The maximum amount of the deduction for production carried out in Spanish territory is raised from 10 to 20 million euros. Likewise, in the case of audiovisual series it is specified that the deduction is determined per episode, with the limit being 10 million euros for each episode produced .
In the Canary Islands, the amount of this deduction may not exceed 36 million euros , in the case of productions made in the Canary Islands . In the case of audiovisual series , the deduction will be determined per episode and the maximum amount of deduction will be 18 million euros .
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Foreign film productions
The maximum amount of the deduction for production carried out in Spanish territory is raised from 10 to 20 million euros. Likewise, in the case of audiovisual series it is specified that the deduction is determined per episode, with the limit being 10 million euros for each episode produced . Additionally, the limit established to determine the basis of this deduction for creative personnel expenses is eliminated.
In the Canary Islands, the amount of this deduction may not exceed 36 million euros , in the case of expenses made in the Canary Islands . In the case of audiovisual series , the deduction will be determined per episode and the maximum deduction amount will be 18 million euros.
Keep in mind:
Article 36.1 of the LIS requires that at least half of the expenses that make up the basis of the deduction be carried out in Spanish territory. In accordance with the criteria of the DGT, for the purposes of compliance with the requirement of territorialization of the expense, it will be understood that the expenses have been incurred in Spanish territory when the services that give rise to said expenses are actually provided in Spain, or in the case of deliveries. of goods when they are carried out in said territory. All of this regardless of the nationality of the supplier who supplies the goods or provides the services.