News published in INFORMA 2018

New items published in the INFORMA programme during FEBRUARY

If the main partner and investments director in a company, constituted and resident abroad, relocates their residence abroad, this determines the relocation of the effective registered address outside of Spain, and thus the company is no longer a tax resident in Spain, given that it would no longer comply with the requirement established in article 8.1.c) of the Spanish Corporation Tax Act. Article 19.1 of the Spanish Corporation Tax Act establishes that the difference between market value and tax value of capital assets owned by a resident company in Spain that relocates its residence abroad will be incorporated into the gross tax base.

It is understood that an economic activity has taken place when there is a full-time employee with a work contract in any of the group's companies, and if the administration is outsourced, when the administration of the property leasing activity requires its own business organisation or a third-party organisation.

Industrial design elaborated in drawings, models or maps, determine the right to the application of the tax incentive established in article 23 of the Spanish Corporation Tax Act.

If the transferees of the industrial designs created were primarily Public Administrations or governmental agencies or bodies that will use them to perform their allocated functions, this meets the requirement outlined in article 23 of the Spanish Corporation Tax Act, in section 2, letter b).

When calculating the coefficient established in article 23.1 of the Spanish Corporation Tax Act, when the transferee forms part of a tax group, the whole group will be taken into account.

Programming video games can be considered an activity of technological innovation, insofar that it entails the acquisition of a new product, or incorporates a substantial improvement to one that already exists. If the programming does not determine the acquisition of a significant technological development, it is not understood as an activity of technological innovation, such as the activity of performing minor and/or routine updates to a pre-existing video game.

Grants that are not aimed at funding projects that generate the right to the deduction in article 35.1 of the Spanish Corporation Tax Act (deduction for research and development activities) will not reduce the deduction basis.

Article 48.1 of the Spanish Corporation Tax Act requires the residence to have been built, developed or acquired by the company. As a result, residences that the company has by virtue of a legal deed, such as usufruct, temporary right to exploitation, leasing, etc., cannot be included in the calculation of the number of residences that the company leases, or offers for lease, required to apply this special regime.