News published in INFORMA 2017

New features introduced in the INFORMA programme during APRIL

It cannot be considered that the activity to be carried out by an entity pending incorporation (editing of sound, video and computer recordings, Economic Activities Tax 355.2) has been carried out in advance by the partner in the company (performing the technical sound activity, Economic Activities Tax group 226). Therefore, the Company may apply the tax rate applicable to newly created entities in the first tax period in which the gross tax base is positive and the following period.

As long as the formulas meet the requirements to be defined as an asset, they may be understood to be included in the definitions set forth in article 23.1 of the Spanish Corporation Tax Act. Therefore, the fact that research and development expenses giving rise to the intangible assets (the formulas) subject to cession does not preclude the application of the reduction set forth in article 23 of the Spanish Corporation Tax Act.

In franchise contracts, to the extent that the ceding entity (the franchiser) is not subject to an earnings obligation with respect to the franchisees, the cession of rights to use know-how will be included in the budget of fact set forth in article 23.1 of the Spanish Corporation Tax Act, provided that the corresponding fee is specifically identified in the franchise contract and all other requirements in the aforementioned precept are met.

A forestry civil society that develops an activity facilitating the formation of batches of wood, managing the sale and receiving payment and any other function delegated by the partners is undertaking an economic activity within trading field and will therefore be deemed subject to Corporation Tax for the tax periods commencing from 1 January 2016.