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V1927-18 29 June 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · agrupación de interés económico

Live performance tax deduction applicable to an AIE if LIS requirements are met

An Economic Interest Grouping (AIE) has enquired whether music festival expenses allow for the application of the tax deduction under Article 36.3 of the Corporate Income Tax Act (LIS). The Directorate General for Taxes (DGT) has ruled that this is possible, provided that legal requirements are satisfied and direct costs are correctly identified.

The question raised

1. Whether the expenses incurred in the production and exhibition of the Festival by the AIE will give rise to the application of the deduction under Article 36.3 of the LIS.

The DGT's ruling

The AIE may apply the 20% deduction if it meets the certification and profit reinvestment requirements. The deduction base includes direct artistic, technical, and promotional costs, such as personnel or intermediation expenses, but excludes structural, insurance, security, or medical service expenses. Expenses rebilled by a partner may form part of the base if the AIE bears the costs. The deduction bases shall be imputed to partners resident in Spain according to their participation in the bylaws.

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