May 15 is the last day of the time limit for applications for AEAT's acknowledgment of rights to the tax benefits associated with events of exceptional public interest

Spain - 08 / 05 / 2020

Spain Tax Commentary

Article 27 of Law 49/2002, of December 23, on the tax regime for not-for-profit entities and for tax incentives to patronage, defines the tax benefits available for any activities carried out to ensure adequate arrangements for events of exceptional public interest.

These incentives notably include one for companies incurring multiyear advertising and promotional expenses directly serving to promote the event. Namely, the law allows a corporate income tax, personal income tax and nonresident income tax credit equal to 15% of the expense where the content of the advertising material relates essentially to publicizing the event (otherwise, it is 15% of 25% of the expense).

The procedure for claiming this tax credit is defined in Royal Decree 1270/2003, of October 10, 2003, approving the regulations on claiming the tax regime for not-for-profit entities and for tax incentives to patronage. It requires two prior steps:

Apply to the consortium or public body concerned for a certificate evidencing (i) the amount of the promotional and advertising expenses, (ii) that they were incurred in relation to fulfilling their plans and programs of activities, and (iii) the classification as essential or otherwise of the contents of the material for the purpose of calculating the tax credit basis. The certificate must be notified within two months.
Apply to AEAT (Spanish tax agency) for prior acknowledgement of the right to claim the tax credit. The application must be filed at least 45 calendar day before the beginning of the statutory time period for filing the self-assessment returns relating to the tax period in which the tax credit is to take effect; and must be accompanied by the certificate issued by the consortium, unless it has not been issued within the time limit, in which case a stamped copy of the application for a certificate must be filed.

Companies whose fiscal years coincide with the calendar year therefore have until May 15 to complete the necessary formalities to be able to claim the tax credit for promotional and advertising expenses incurred to publicize those events, in relation to 2019 corporate income tax.

It is important to remember that, under the interpretation expressed by the Supreme Court, adopted by the Directorate General for Taxes (resolution V0446-11, of February 25, 2011), an application within the time limit for prior acknowledgement of the right to the tax credit is a substantive not a procedural requirement, and therefore a breach of that requirement prevents the ability to take the tax incentive.