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V0076-15 13 January 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · agrupación de interés económico

AIEs can impute film deduction bases to their partners for application

The DGT confirms that an AIE owning shares in other film-producing AIEs may impute deduction bases to its partners, provided the requirements of the AIE Law are met and the imputation is made according to each partner's shareholding.

The question raised

1. If the producing AIEs were to impute the taxable bases, net financial expenses, and the bases for deductions and tax credits generated by the performance of their activities to the AIE fund, who, in turn, would impute the sum of the taxable bases, net financial expenses, and the bases for deductions and tax credits that have been imputed to the partners based on their percentage of participation.

The DGT's ruling

The tax regime for AIEs allows for the imputation of taxable bases, net financial expenses, deductions, and tax credits to their partners resident in Spain. The imputation is carried out according to the participation proportion established in the deed of incorporation. In the case of deductions for cinematographic productions, it is the partners who must apply them in their tax returns on the bases imputed to them by the AIE.

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