Event of special public interest
YSPI

Event of special public interest
YSPI

The “Centenario Delibes”
event of Special Public Interest

The “Centenario Delibes”
Event of Special Public Interest

The Official Bulletin of the State (BOE) has published Law 6/2018, of July 3, on General State Budgets for the year 2018 , which formally establishes the Delibes Centenary declaration as an event of exceptional public interest.

On October 17, 2020, one hundred years have passed since Miguel Delibes was born, and from the Miguel Delibes Foundation a series of activities will be promoted to disseminate aspects of his biography and, especially, of his work.

In addition to the Miguel Delibes Foundation, Spanish Cultural Action, the Spanish Agency for International Development Cooperation, the National Library of Spain, the Cervantes Institute, National Radio of Spain or Spanish Television are expected to participate.

The declaration of an event of exceptional public interest (AEIP) means that all those private companies that collaborate in the commemoration will be able to enjoy specific tax incentives that, in the case of the Delibes Centenary, will be the maximum established in article 27.3 of the Law 49/2002, on the tax regime of non-profit entities and tax incentives for patronage.

The Official Bulletin of the State (BOE) has published Law 6/2018, of July 3, on General State Budgets for the year 2018 , which formally establishes the Delibes Centenary declaration as an event of exceptional public interest.

On October 17, 2020, one hundred years have passed since Miguel Delibes was born, and from the Miguel Delibes Foundation a series of activities will be promoted to disseminate aspects of his biography and, especially, of his work.

In addition to the Miguel Delibes Foundation, Spanish Cultural Action, the Spanish Agency for International Development Cooperation, the National Library of Spain, the Cervantes Institute, National Radio of Spain or Spanish Television are expected to participate.

The declaration of an event of exceptional public interest (AEIP) means that all those private companies that collaborate in the commemoration will be able to enjoy specific tax incentives that, in the case of the Delibes Centenary, will be the maximum established in article 27.3 of the Law 49/2002, on the tax regime of non-profit entities and tax incentives for patronage.

Additional provision eightieth . Tax benefits applicable to the Program

Delibes Centennial Program

1. The “Centenario Delibes” program shall be considered as an event of exceptional public interest for the purposes set forth in article 27 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage.

2. The duration of the support program will be from July 1, 2019 until June 30, 2021.

3. The certification of the adequacy of the expenses incurred to the objectives and plans of the program shall be carried out in accordance with the provisions of the cited Law 49/2002.

4. The actions to be carried out will be those that ensure the proper development of the event. The development and concretion of plans and programs of specific activities will be carried out by the competent body in accordance with the provisions of Law 49/2002.

5. The tax benefits of this program will be the maximum established in article 27.3 of Law 49/2002.

Additional provision eightieth . Tax benefits applicable to the Program

Delibes Centennial Program

1. The “Centenario Delibes” program shall be considered as an event of exceptional public interest for the purposes set forth in article 27 of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage.

2. The duration of the support program will be from July 1, 2019 until June 30, 2021.

3. The certification of the adequacy of the expenses incurred to the objectives and plans of the program shall be carried out in accordance with the provisions of the cited Law 49/2002.

4. The actions to be carried out will be those that ensure the proper development of the event. The development and concretion of plans and programs of specific activities will be carried out by the competent body in accordance with the provisions of Law 49/2002.

5. The tax benefits of this program will be the maximum established in article 27.3 of Law 49/2002.

Article 27 . Support programs for events of exceptional public interest.

1. Support programs for events of exceptional public interest are the set of specific tax incentives applicable to the actions carried out to ensure the proper development of the events that, where appropriate, are determined by Law.

2. The Law that approves each of these programs will regulate at least the following points:

a.The duration of the program, which may be up to three years.

b. The creation of a consortium or the designation of a administrative body that is responsible for the execution of the program and that certifies the adequacy of the expenses and investments made to its objectives and plans.

Said consortium or body will necessarily be represented by public administrations interested in the event and, in any case, the Ministry of Finance.

The favorable vote of the representation of the Ministry of Finance will be necessary to issue the certification

c. The basic lines of the actions to be organized in support of the event, without prejudice to its subsequent development by the consortium or by the corresponding administrative body in plans and programs of specific activities.

d. The tax benefits applicable to the actions referred to in the preceding paragraph, within the limits of the following section.

3. The tax benefits established in each program will be, at most, the following:

First. The taxable persons of the Corporation Tax, the taxpayers of the Income Tax of the Individuals who carry out economic activities under a direct estimation regime and the taxpayers of the Income Tax of Non-Residents who operate in Spanish territory through permanent establishment may deduct from the full amount of the tax on 15% of the expenses and investments that, in compliance with the plans and programs of activities established by the consortium or by the corresponding administrative body, make in the following concepts:

a. Acquisition of new tangible assets, without, in any case, the lands being considered as such.

Investments made for the installation or extension of networks shall be deemed not to be in compliance with the business plans and programmes established by the consortium or by the relevant administrative body telecommunications or electricity services, as well as for the supply of water, gas or other supplies.

b. Rehabilitation of buildings and other constructions that contribute to enhance the physical space affected, where appropriate, by the respective program.

The aforementioned works must comply with the requirements established in the regulations on financing of protected actions in the field of housing and, in addition, the architectural and urban planning regulations that may be established by the municipalities affected by the respective program and the consortium or administrative body in charge of Your organization and execution.

c. Making propaganda and publicity expenses for multiannual projection that directly serve the promotion of the respective event.

When the content of the advertising support refers essentially to the dissemination of the event, the basis of the deduction will be the total amount of the investment made. Otherwise, the basis of the deduction will be 25 percent of said investment.

This deduction, together with those regulated in Chapter IV of Title VI of Law 43/1995, of December 27, of the Corporation Tax, may not exceed 35% of the full fee, reduced in deductions to avoid double internal and international taxation and bonuses, and will be incompatible for the same goods or expenses with those provided in the aforementioned Law 43/1995, of December 27. The amounts not deducted may be applied, respecting the same limit, in the settlements of the tax periods that conclude in the immediate and successive 10 years.

Article 27 . Support programs for events of exceptional public interest.

1. Support programs for events of exceptional public interest are the set of specific tax incentives applicable to the actions carried out to ensure the proper development of the events that, where appropriate, are determined by Law.

2. The Law that approves each of these programs will regulate at least the following points:

a.The duration of the program, which may be up to three years.

b. The creation of a consortium or the designation of a administrative body that is responsible for the execution of the program and that certifies the adequacy of the expenses and investments made to its objectives and plans.

Said consortium or body will necessarily be represented by public administrations interested in the event and, in any case, the Ministry of Finance.

The favorable vote of the representation of the Ministry of Finance will be necessary to issue the certification

c. The basic lines of the actions to be organized in support of the event, without prejudice to its subsequent development by the consortium or by the corresponding administrative body in plans and programs of specific activities.

d. The tax benefits applicable to the actions referred to in the preceding paragraph, within the limits of the following section.

3. The tax benefits established in each program will be, at most, the following:

First. The taxable persons of the Corporation Tax, the taxpayers of the Income Tax of the Individuals who carry out economic activities under a direct estimation regime and the taxpayers of the Income Tax of Non-Residents who operate in Spanish territory through permanent establishment may deduct from the full amount of the tax on 15% of the expenses and investments that, in compliance with the plans and programs of activities established by the consortium or by the corresponding administrative body, make in the following concepts:

a. Acquisition of new tangible assets, without, in any case, the lands being considered as such.

Investments made for the installation or extension of networks shall be deemed not to be in compliance with the business plans and programmes established by the consortium or by the relevant administrative body telecommunications or electricity services, as well as for the supply of water, gas or other supplies.

b. Rehabilitation of buildings and other constructions that contribute to enhance the physical space affected, where appropriate, by the respective program.

The aforementioned works must comply with the requirements established in the regulations on financing of protected actions in the field of housing and, in addition, the architectural and urban planning regulations that may be established by the municipalities affected by the respective program and the consortium or administrative body in charge of Your organization and execution.

c. Making propaganda and publicity expenses for multiannual projection that directly serve the promotion of the respective event.

When the content of the advertising support refers essentially to the dissemination of the event, the basis of the deduction will be the total amount of the investment made. Otherwise, the basis of the deduction will be 25 percent of said investment.

This deduction, together with those regulated in Chapter IV of Title VI of Law 43/1995, of December 27, of the Corporation Tax, may not exceed 35% of the full fee, reduced in deductions to avoid double internal and international taxation and bonuses, and will be incompatible for the same goods or expenses with those provided in the aforementioned Law 43/1995, of December 27. The amounts not deducted may be applied, respecting the same limit, in the settlements of the tax periods that conclude in the immediate and successive 10 years.

The calculation of the deadlines for the application of the deductions provided for in this number may be deferred until the first year in which, within the period of limitation, positive results occur, in the following cases:

a. In newly created entities.

b. In entities that heal losses from previous years through the effective contribution of new resources, without considering the application as such or capitalization of reserves.

The calculation of the deadlines for the application of the deductions provided for in this number may be deferred until the first year in which, within the period of limitation, positive results occur, in the following cases:

a. In newly created entities.

b. In entities that heal losses from previous years through the effective contribution of new resources, without considering the application as such or capitalization of reserves.

Taxpayers of Income Tax for Individuals, taxpayers of Corporate Income Tax and taxpayers of Non-Resident Income Tax operating in Spanish territory through permanent establishment shall be entitled to the deductions provided, respectively, in the articles 19, 20 and 21 of this Law, for donations and contributions made in favor of the consortium that, where appropriate, is created in accordance with the provisions of the previous section.

The priority patronage regime provided for in article 22 of this Law shall apply to programs and activities related to the event, provided they are approved by the consortium or administrative body responsible for their execution and are carried out by the entities referred to Article 2 of this Law or by the aforementioned consortium, the percentages and limits of the deductions established in Articles 19, 20 and 21 of this Law rising by five percentage points.

Transmissions subject to the Tax on Patrimonial Transfers and Documented Legal Acts will have a bonus of 95% of the fee when the goods and rights acquired are destined, directly and exclusively, by the taxable person to make investments with the right to deduction to which The first point of this section refers.

The taxable persons of the Tax on Economic Activities will have a bonus of 95% in the fees and surcharges corresponding to the activities of an artistic, cultural, scientific or sporting nature that must take place during the celebration of the respective event and that are framed in the plans and programs of activities prepared by the consortium or by the corresponding administrative body.

Companies or entities that develop the objectives of the respective program will have a 95% bonus on all local taxes and fees that may fall on operations related exclusively to the development of said program.

For the purposes set forth in the previous numbers, the provisions of the first paragraph of article 9, paragraph 2 of Law 39/1988, of December 28, regulating Local Haciendas, shall not apply.

The Tax Administration shall verify the concurrence of the circumstances or requirements necessary for the application of tax benefits, practicing, where appropriate, the appropriate regularization.

By regulation, the procedure for the application of the tax benefits provided for in programs supporting events of exceptional public interest will be established.

Taxpayers of Income Tax for Individuals, taxpayers of Corporate Income Tax and taxpayers of Non-Resident Income Tax operating in Spanish territory through permanent establishment shall be entitled to the deductions provided, respectively, in the articles 19, 20 and 21 of this Law, for donations and contributions made in favor of the consortium that, where appropriate, is created in accordance with the provisions of the previous section.

The priority patronage regime provided for in article 22 of this Law shall apply to programs and activities related to the event, provided they are approved by the consortium or administrative body responsible for their execution and are carried out by the entities referred to Article 2 of this Law or by the aforementioned consortium, the percentages and limits of the deductions established in Articles 19, 20 and 21 of this Law rising by five percentage points.

Transmissions subject to the Tax on Patrimonial Transfers and Documented Legal Acts will have a bonus of 95% of the fee when the goods and rights acquired are destined, directly and exclusively, by the taxable person to make investments with the right to deduction to which The first point of this section refers.

The taxable persons of the Tax on Economic Activities will have a bonus of 95% in the fees and surcharges corresponding to the activities of an artistic, cultural, scientific or sporting nature that must take place during the celebration of the respective event and that are framed in the plans and programs of activities prepared by the consortium or by the corresponding administrative body.

Companies or entities that develop the objectives of the respective program will have a 95% bonus on all local taxes and fees that may fall on operations related exclusively to the development of said program.

For the purposes set forth in the previous numbers, the provisions of the first paragraph of article 9, paragraph 2 of Law 39/1988, of December 28, regulating Local Haciendas, shall not apply.

The Tax Administration shall verify the concurrence of the circumstances or requirements necessary for the application of tax benefits, practicing, where appropriate, the appropriate regularization.

By regulation, the procedure for the application of the tax benefits provided for in programs supporting events of exceptional public interest will be established.