BackThe recent consultation of the DGT (Directorate General of Taxes) dated February 16, 2023 (V0308-23), confirms the compatibility of articles 39.2 and 30 bis of the Corporate Income Tax Law.
Previously, several different ways of interpretation were established that did not make it clear whether or not there was compatibility since there was no express direct reference to article 39.2 of the Corporate Income Tax Law (LIS), which regulated the option to pay the deduction in the event of insufficient net tax liability, so that a reasonable interpretation of the rule had to be made.
This law could be found in Article 30 bis of the Corporate Income Tax Law (LIS), introduced by the General State Budget Law, which dealt with minimum tax rates.
Now, according to the DGT: “in the presence of minimum net tax liability, once this has been determined in accordance with the provisions of Article 30 bis of the LIS, the consulting entity will apply the outstanding amount of the deduction generated in accordance with Article 35 of the LIS, once the indicated discount has been applied, and will request from the Tax Administration the payment of the amount that could not be deducted due to insufficient tax liability under the terms and conditions indicated in Article 39.2 of the LIS”.
The consequence of this is that the setback in terms of innovation and investment in Spain could change thanks to this law, which implies advances in legal security and competitiveness, as well as in research, development and innovation, which would imply more national and international talent in Spain.
It is interpreted in this way at a complicated time in relation to the application of R&D&I deductions related to recent changes in jurisdiction that support the restrictive criteria of the Tax Inspectorate.
However, this very reasonable criterion seems to be maintained and brings with it changes and innovation.
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