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V3767-16 8 September 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · crédito fiscal

Change of shareholders in a company does not prevent the application of film production tax credits

A company has requested a ruling on whether acquiring shares in another company (B) limits the application of a film production tax credit obtained through an AIE. The DGT has ruled that a change in shareholders in company B does not affect the application of said deduction.

The question raised

1. Whether any type of limitation exists in the application of the tax credit in the event of a change in shareholding.

The DGT's ruling

The change of shareholders in the entity does not affect the application of the deduction under Article 38.2 of the TRLIS. For the partners of an AIE to apply the deduction, the grouping must meet the requirements of a producer, and the imputation is made to those who hold the economic rights of a partner at the close of the tax period. The deduction is applicable provided that the requirements of the regulations in force at the time of its origin are met.

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