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V1272-16 29 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · agrupación de interés económico

Losses from foreign productions of an AIE can be attributed to shareholders

The DGT confirms that losses from foreign productions carried out in Spain by an AIE may be attributed to shareholders according to their shareholding.

The question raised

Question raised 1. If, in the event that the AIE executes all or part of the foreign production in Spain and the amount invoiced to the AIE by the service company is higher than the amount the AIE invoices to the foreign producer, said loss is capable of constituting a negative tax base imputable to the partners of the AIE.

The DGT's ruling

Negative tax bases obtained by an AIE are imputed to its partners resident in Spanish territory in the proportion resulting from its bylaws. In the event that the execution of a foreign production in Spain generates accounting losses resulting in negative tax bases, these shall be imputed to the partners of the AIE. For the AIE to be able to apply deductions for cinematographic productions, it must be considered a producer and the production must be qualified as Spanish.

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