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V0183-16 19 January 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · activos intangibles

The assignments of plant varieties under a new 2015 contract are governed by the regulations of Law 14/2013

The taxpayer asks which regulations apply to the assignments of plant varieties after signing a new contract in 2015. The DGT determines that, as the previous contract for those varieties has been terminated, the regime of Law 14/2013 applies.

The question raised

Question posed: What would be the applicable regulations for the assignments of varieties granted by the taxpayer to Y based on the contract entered into in 2015.

The DGT's ruling

Assignments made after September 29, 2013, may qualify for the incentive under Article 23 of the LIS. If a new contract terminates the previous one due to incompatibility, the assignments resulting from the new modification are governed by the wording provided by Law 14/2013 in Article 23 of the LIS.

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