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V1479-18 30 May 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · agrupación de interés económico

An AIE may qualify as a producer if it meets independent producer requirements

A query was raised regarding whether an Economic Interest Grouping (AIE) can be considered a producer for the purpose of the film production tax deduction under Corporate Tax. The Directorate General for Taxes (DGT) ruled that it can, provided it meets the requirements of an independent producer, and that the deduction shall be attributed to its members.

The question raised

Question raised 1. Whether the AIE generates the right to the deduction provided for in article 36.1 of the LIS. Specifically, whether the AIE holds the status of producer in accordance with the provisions of article 120.2 of the consolidated text of the Intellectual Property Law and the one hundred and twenty-sixth additional provision of Law 3/2017, of June 27, on the General State Budgets.

The DGT's ruling

The AIE shall hold the status of producer if it holds the ownership of the rights to the work, is established as an independent producer according to the Film Law, joins before the end of filming, and designates an executive producer. It is not necessary for the AIE to possess its own material or personal resources. The bases for the deduction shall be imputed to the partners resident in Spain in proportion to their economic rights. Partners resident in the Canary Islands may apply deduction percentages increased by the special regime for the islands.

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