News published in INFORMA 2021

New features introduced into INFORMA in SEPTEMBER

With effect for tax periods starting from January 1, 2021, in addition to those regulated prior to that date in the LIS , two new requirements are incorporated, on the one hand, the certificate issued by the Institute of Cinematography and Audiovisual Arts or by the corresponding body of the Autonomous Community accrediting the cultural nature of the production is required and, on the other hand, the incorporation in the credits of the work of the specific filming locations in Spain and the authorization of the use of the title of the work and of graphic and audiovisual press material for the carrying out of activities and preparation of promotional materials in Spain and abroad for cultural or tourism purposes is requested.

When the leasing activity is carried out by a community of property, in which a company participates, for it to be considered as an economic activity it is necessary that the community of property itself complies with the requirements established in article 5 of the LIS .

A UTE whose members are natural persons, and one of them determines its business performance through the objective estimation regime, is not a taxpayer of Corporate Tax.

The approval of an interim dividend for a financial year has no impact on the increase in equity established in article 25 of the LIS for the calculation of the capitalisation reserve in the financial year in which it is approved, but it would affect the determination of the increase in equity for the following tax period.

An agreement for provisional withdrawal from the index of entities will be issued, after a hearing with the interested party, when the declaration of bankruptcy is made due to total insolvency of the entity with respect to tax debts with the State Treasury and when the entity has not submitted the declaration for the Corporate Tax corresponding to 3 consecutive tax periods .

With effect for tax periods beginning on or after 1 January 2021, the deferral regime previously provided for in the event of a change of residence of an entity is replaced by a regime in equal annual fifths. The exercise of this option will be carried out in the declaration of the tax period concluded on the occasion of the change of residence.