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V2511-23 18 September 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · agrupación de interés económico

Partners of an AIE may be allocated negative tax bases and R&D tax credits generated by the entity

A company inquired whether the partners of an Economic Interest Grouping (AIE) engaged in R&D activities may receive the allocation of its negative tax bases and tax credits. The DGT responds that this is possible, provided that the requirements of the LIS and the AIE Law are met, and explains the accounting and tax treatment of the operation.

The question raised

Question raised Described in the body of the response.

The DGT's ruling

Partners of an AIE may be allocated the negative tax bases and the R&D tax credit bases generated by the grouping, provided they hold the economic rights of a partner at the close of the fiscal year and the AIE effectively carries out R&D activities. The allocation shall be carried out in the proportion resulting from the entity's bylaws. The financial income for the investor shall be the difference between the allocated tax credits and the value of their participation in the AIE. In the first year of the AIE's activity, the R&D tax credit rate shall be 42%, as the excess over the average of the two previous years is equal to the total expenses.

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