R&D tax credit Active
R&D&I tax deduction (Deducción por I+D+i)
One of Europe's most generous R&D tax credits: 25% of R&D expenditure (42% on the amount above the prior two-year average), plus uplifts for dedicated researchers and R&D assets. A monetisation option allows a cash refund at a 20% discount.
✓ 3 Jul 2026
Key parameters
| R&D rate | 25% base; 42% on spend above the 2-year average |
|---|---|
| Extra deductions | +17% qualified-researcher payroll; +8% R&D assets |
| Innovation (IT) | 12% on technological-innovation expenditure |
| Monetisation | Cash refund available with a 20% discount |
Eligibility
- HQ
- Any headquarters country
- Local presence
- Local tax presence required (branch is sufficient) A branch office (Zweigniederlassung/permanent establishment) of your existing company is enough — you do not need to form a new legal entity such as a GmbH or BV.
- R&D substance
- Required
- Company size
- No size restriction
- Models
- All
- Sectors
- All
- Goals
- Additional design site in Europe; Manufacturing / fab site; R&D cooperation without own site; Access to pilot lines & prototyping
Applies to R&D&I performed in Spain (or the EEA under conditions). A binding report (informe motivado) from the ministry gives legal certainty on qualification. Annual limits vs. tax liability apply.
Mechanism & application
Rule-based entitlement — Legal entitlement — self-assessment, no case-by-case funding decision.
Claimed in the corporate income tax return; optional informe motivado (binding report) and monetisation election.
Timeline: Immediate (tax filing); refund via monetisation
Legal basis & sources
- Legal basis
- Art. 35 & 39 LIS (Ley del Impuesto sobre Sociedades)
- Verification
- PwC Tax Summaries / LIS Art. 35 & 39 (25%/42%, +17%/+8%, 12% IT)
from 1 Jan 2006 until no expiry review 1 Jan 2027