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A query was raised regarding whether investors in an Economic Interest Association (AIE) dedicated to audiovisual production can claim the tax base and the film production tax credit under Article 38.2 of the Corporate Income Tax Law. The Directorate General for Taxes (DGT) ruled that such imputation is possible provided the AIE meets the requirements to be considered a producer and the partners are Spanish residents.
Question raised 1. Whether the investors of the AIE shall have the right, pursuant to the provisions of Article 48.1.b) of the TRLIS, to attribute the tax base and the deduction established in paragraph 2 of Article 38 of the TRLIS, regardless of the corporate purpose of said investors.
Partners resident in Spain of an AIE may attribute the entity's deductions provided that the entity meets the requirements of Article 38.2 of the TRLIS. To this end, the AIE must be considered a producer, which implies assuming the initiative and responsibility for the work or joining as a co-producer before the production is finalized. The deduction base shall be calculated as provided in Article 38.2 of the TRLIS, without the exclusion of the portion financed by subsidies being applicable for periods starting from 2014.
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