A film producers association asks whether depositing funding in a guarantee account before obtaining the audiovisual nationality and cultural status certificate meets the time limits set out in article 39.7 of the LIS for the financier to claim the audiovisual production deduction. The DGT confirms that the escrow mechanism, with release contingent solely on obtaining these certificates, satisfies the time limits, as the effectiveness of the contribution does not occur after the certificates provided in article 36.1 LIS are obtained.
Question posed: Whether the deposit of financing into an escrow account as described, carried out prior to obtaining the certificate of nationality and cultural character of the audiovisual production being financed, complies with the time limits provided for in Article 39.7 of the LIS.
In accordance with Article 39.7 of the LIS, amounts to finance production costs may be provided at any stage, up to the obtaining of the certificate of nationality and cultural character (Art. 36.1.a LIS). The DGT applies the criterion of V2348-23 and concludes that payment methods with suspensive conditions are valid if the contributions become effective within the time limits of Art. 39.7 LIS. In the case presented, given that the obtaining of the certificates acts as a true suspensive condition that determines the producer's access to the funds, and the effectiveness of the contribution does not occur after said certificates, the time limits of the provision are considered met.
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