R&D Cash Refund: Turn Your Deductions into Liquidity
If your company in Spain generates R&D&I tax deductions but has too little liability under the Impuesto sobre Sociedades (Spanish corporate income tax) to apply them, the cash refund under article 39.2 LIS lets you collect them in cash. Tecnocim runs the whole process: binding technical report (informe motivado), claim and payment.
80%
Of the deduction generated, paid in cash
Who can claim the R&D cash refund?
The cash refund monetises outstanding R&D&I deductions without any need for a positive liability under the Impuesto sobre Sociedades.
Eligible companies
- Any company with unused R&D&I deductions
- Start-ups and loss-making companies with innovative activity
- Companies with deductions accumulated from earlier tax years
Requirements under Art. 39.2 LIS
- At least 1 year must have passed since the tax return was filed
- Hold a binding technical report (informe motivado) from MINECO
- Maintain average headcount or R&D&I spending
How payment works
- 80% of the deduction generated is paid out (20% discount)
- Annual cap of €1M (€3M for R&D)
- Paid directly by the Spanish Tax Agency, no positive liability needed
What your company gets
- Immediate liquidity for the innovation already delivered
- R&D funding at no financial cost
- Compatible with Social Security reductions for research staff
How we manage your R&D cash refund
Deduction review
We go through your corporate income tax returns to identify the R&D&I deductions generated but never applied, and confirm that they meet the requirements of article 39.2 LIS.
Binding technical report
We file the application for the binding technical report with the Ministerio de Ciencia, the Spanish science ministry. The report locks in the classification of the costs as R&D or technological innovation before the AEAT.
Cash refund claim
Once the report has been issued and the legal waiting period has passed, we file the refund claim in the tax return, applying the 20% discount set out in the law.
Payment and follow-up
We track the payment by the AEAT and stand with you through any request for information or audit. The money arrives as a direct refund from the Spanish Tax Agency.
Two ways to use your R&D&I deductions
Depending on your tax position, you can offset the deduction against your tax liability or monetise it directly. Tecnocim advises on the more profitable route.
25-42%
Deduction
Offset against tax liability
Art. 35 LIS — standard route
- 25% deduction for R&D and 12% for technological innovation
- Up to 42% if R&D spending exceeds 10% of turnover
- Requires enough positive liability under the Impuesto sobre Sociedades
- With no liability, the deduction carries forward for up to 18 years
- No binding technical report required (though it is advisable)
80%
Paid in cash
Cash refund (cash-back)
Art. 39.2 LIS — cash refund of unused deductions
- 80% of the deduction generated is paid out (20% discount)
- No positive liability needed: you collect even while loss-making
- Annual cap: €1M (technological innovation) or €3M (R&D)
- Requires a binding technical report from MINECO
- Paid directly by the AEAT as a tax refund
How much can your R&D&I deductions pay you?
Every euro invested in R&D&I can become immediate liquidity. We analyse your outstanding deductions and calculate the cash refund you can recover.
Request a free assessmentAssessment with no commitment — answer within 48 hours
Other tax deductions for innovation
Accelerated Depreciation for R&D
Apply accelerated depreciation and free depreciation to R&D assets to reduce your Impuesto sobre Sociedades.
Binding Technical Report
Shield your R&D&I deductions before the AEAT with the binding technical report (informe motivado) from MINECO. Mandatory for the cash refund.
R&D&I Tax Deductions
End-to-end consulting on tax deductions for R&D and technological innovation: Art. 35 LIS, binding technical report and ENAC certification.
The R&D cash refund in figures
80%
Of the deduction generated, paid out (Art. 39.2 LIS)
3 M€
Annual cap for R&D deductions
1 M€
Annual cap for technological innovation
18 years
Maximum period to apply outstanding deductions
Frequently asked questions about the R&D cash refund
The R&D cash refund lets companies collect in cash the R&D&I tax deductions they could not apply because their liability under the Impuesto sobre Sociedades was too low. It is governed by article 39.2 of Law 27/2014 on the Impuesto sobre Sociedades: the company receives a direct payment from the Spanish Tax Agency equal to 80% of the deduction generated, which means a 20% discount on the amount of the deduction. It is particularly useful for start-ups, loss-making companies and businesses with heavy R&D investment that generate more deduction than they can apply.
Three main requirements: (1) at least 1 year must have passed since the tax return in which the deduction was generated was filed; (2) you must hold a binding technical report issued by the Ministerio de Ciencia e Innovación, the Spanish science and innovation ministry, classifying the costs as R&D or technological innovation; and (3) you must maintain average headcount or, alternatively, R&D&I spending and investment against the previous year. When all three are met, the company can claim payment of the refund.
You collect 80% of the deduction generated. For example, if a company generates a deduction of €100,000 for R&D (25% of €400,000 of eligible costs), it will receive €80,000 as a direct payment from the Spanish Tax Agency. The remaining 20% is lost as the cost of monetising the deduction. The annual caps are €3M for R&D deductions and €1M for technological innovation, and the two can be combined.
Yes. The cash refund under Art. 39.2 LIS is compatible with the 40% Social Security contribution reductions for research staff. The two incentives apply to different items: the reductions cut social contributions, while the cash refund monetises deductions under the Impuesto sobre Sociedades. Tecnocim manages both in a coordinated way to maximise the total saving.
The binding technical report (informe motivado) is a document issued by the Ministerio de Ciencia e Innovación certifying that the company's costs correspond to R&D or technological innovation as defined in article 35 LIS. It is binding on the AEAT, which means the tax authorities cannot challenge how the costs are classified. It is mandatory in order to claim the cash refund under Art. 39.2, and advisable for any company applying R&D&I deductions, because it removes the risk of an audit.
Yes. Unused R&D&I deductions can be carried forward for up to 18 years. If you hold deductions generated in earlier tax years that you could not apply for lack of liability, you can claim their cash refund provided you meet the requirements of Art. 39.2. Tecnocim reviews returns from earlier years to find recoverable deductions that the company may have overlooked.
Ready to turn your R&D&I deductions into liquidity?
Free assessment of your outstanding deductions and a calculation of the recoverable cash refund within 48 hours.
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