News published in INFORMA 2018

News published in INFORMA in MAY

Positive income obtained by an entity that holds the majority of the shares in another asset-holding entity as a result of the dissolution and liquidation of the latter, for the difference between the liquidation quota and the acquisition quota of its share in its constitution, will be exempt if all the requirements of article 21.3 LIS are met.

An entity that has developed a tool that allows data to be collected using sensors, devices, etc., processed and transformed into intelligent decisions that improve its management, intends to transfer the rights of use and/or exploitation to another entity. Income received from the transfer of the tool may be eligible for the reduction in Article 23 LIS if all the requirements established in said article are met.

The limitation established in article 26.4 LIS does not apply to the offsetting of negative tax bases of a group entity generated in previous years in which it was part of the group when within the group a participant transfers 100% of its shares in the entity that has generated said negative tax bases to another entity (parent entity) that participates in 100% of the capital of the transferor.

An Economic Interest Grouping (EIG) that is established will have the status of producer for the purposes of the provisions of article 36.1 of the LIS, to the extent that it meets all the conditions established in article 120.2 of the consolidated text of the Intellectual Property Law, in article 4.n) of Law 55/2007, on Cinema and article 27.2 of Royal Decree 2062/2008, which develops Law 55/2007.