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V3055-15 13 October 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · agrupación de interés económico

Partners of an AIE may apply the film production deduction if the AIE is considered a producer

A query is made as to whether investors in an AIE are entitled to the film production deduction and how the bases are imputed in the event of a transfer of interests. The DGT responds that the AIE may be considered a producer if it assumes the initiative and responsibility for the work, and that the bases are imputed to the partners who hold the economic rights at the close of the tax period.

The question raised

Question raised 1. Whether the investors in the AIE will be entitled to the deduction established in paragraph 1 of Article 36 of the LIS. Whether the right to apply this deduction is contingent upon film production being included in the corporate purpose of the investors. And if, in the event that the interest in the AIE is subsequently transferred, to whom would the deduction bases and the taxable bases of the AIE be imputed?

The DGT's ruling

For the partners of an AIE to apply the deduction under Article 36.1 of the LIS, the grouping must be considered a producer, which requires it to assume the initiative and responsibility for the audiovisual recording. The deduction bases and taxable bases shall be imputed to the partners who hold the economic rights inherent to their status on the day of the conclusion of the tax period. In the event of a transfer of interests, the imputation is carried out according to the proportion set out in the articles of association to the partners existing at the close of the financial year. If a subsidy is received that must reduce the deduction base, the excess declared must be regularized and said regularization must be imputed to the partners in the period in which it occurs.

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