Why co-produce with Spain
A co-production approved by the ICAA is treated as a Spanish film. That means access to the same public grants and tax incentives as a domestic production. Between 2015 and 2025, Spain co-produced 568 feature films with other countries.
The golden rule is simple: without a Spanish producer there is no incentive that can be transferred to investors. The Spanish partner generates the article 36.1 deduction and can sign financing agreements with Spanish companies (article 39.7).
This guide explains what the ICAA requires to approve a co-production and which routes allow your project to be financed with Spanish tax incentives.
The routes at a glance
There are four ways for a foreign project to benefit from tax incentives in Spain. Only the first three allow tax investors to come in under article 39.7.
| Route | Is the work Spanish? | Incentive | Transferable to investors (39.7)? | Best for |
|---|---|---|---|---|
| 1. Treaty co-production (bilateral or European) | Yes, for the Spanish share | Art. 36.1: 30% / 25% of the Spanish share | Yes | Projects with a genuine Spanish creative and technical partner |
| 2. Non-treaty co-production (general rules of RD 1084/2015) | Yes, if approved by the ICAA | Art. 36.1 on the Spanish share | Yes | Countries without an agreement with Spain, such as the United States |
| 3. Financial co-production | Yes, if approved by the ICAA | Art. 36.1, but difficult because of the Spanish spend requirement | Yes, in theory | A minority Spanish partner contributing money only (10% to 25%) |
| 4. Foreign shoot with a Spanish service company | No | Art. 36.2: 30% / 25% of the Spanish spend | No (paid out by the Tax Agency) | Foreign productions spending at least 1 million euros in Spain |
Criteria for co-producing a foreign project in Spain
The ICAA approves a co-production if these requirements are met. The relevant international treaty applies; if there is none, the general rules of Royal Decree 1084/2015 apply.
Basic requirements:
- National status in every country: the work must qualify as national in each co-producing country and have access to its benefits.
- Crew from the co-producing countries: creative and technical staff and service companies from those countries. Exceptionally, 10% of creative staff from other non-EU countries is accepted.
- Budget split: each country contributes between 20% and 80%. In co-productions of three or more countries, the smallest share cannot fall below 10% and the largest cannot exceed 70%.
- Proportional contributions: each co-producer contributes creative and technical staff, services and locations in proportion to its share, unless the script requires otherwise.
- Each pays its own: as a rule, each co-producer bears the cost of its own staff. Anything charged to another country does not count as Spanish cost.
If Spain is the minority partner, its contribution must include at least one author (director, screenwriter, director of photography or composer), two actors and one technical creative, in proportion to its share.
If Spain is the majority partner (more than 50%), it may make cash-only contributions of up to 50% of the value of its creative, technical and service contributions, if stated in the agreement.
Critical deadline: approval must be requested from the ICAA or the regional body before shooting starts. Applications filed after shooting has begun are rejected. The ICAA decides within two months at most.
Documents for approval:
- Assignment of rights to the script or original work, registered in the Intellectual Property Registry.
- Script and shooting schedule.
- Budget on the official template, broken down by country.
- Named list of the creative and technical crew with their nationality.
- Co-production agreement with shares, staff contributions, money transfers and split of markets and profits, translated into Spanish where needed.
The Spanish producer must be registered in the ICAA's Registry of Film Companies. We explain it step by step in our ICAA certificate guide.
Route 1: treaty co-production
This is the most direct route. Treaty co-productions are treated as national works and have access to the same grants and deductions as a Spanish production.
Multilateral treaties in force for Spain:
- Council of Europe Convention on Cinematographic Co-production (revised, 2017).
- Latin American Co-production Agreement and Ibero-American Film Integration Agreement.
Bilateral agreements: Argentina, Austria, Brazil, Canada, Chile, China, Colombia (2025), Cuba, Dominican Republic, France, Germany, India, Ireland, Israel, Italy, Mexico, Morocco, New Zealand, Portugal, Puerto Rico, Russia, Tunisia, Uruguay and Venezuela. Check the ICAA's official list: each agreement has its own shares and rules.
What the Spanish partner gets: the article 36.1 deduction on its share of the cost, with its own proportional cap. That deduction can be transferred to Spanish investors under article 39.7.
What the Spanish share needs, besides approval:
- The ICAA's cultural certificate and nationality certificate, explained in our guide to the cultural and nationality certificates.
- At least 50% of its deduction base spent in Spain.
- Deposit of a copy with the Filmoteca Española or a regional film archive.
Variant: your own Spanish company. A foreign producer can set up a company in Spain and co-produce through it. It gives more control, but the ICAA will still require real contributions in Spanish crew and spending.
Route 2: non-treaty co-production
Your country not having an agreement with Spain does not close the door. The United States, for example, is not on the list. In these cases the general rules of Royal Decree 1084/2015 apply: the same criteria as above (20% to 80%, crew from the co-producing countries, proportional contributions, approval before shooting).
What changes in practice:
- The ICAA assesses each case individually, without the backing of an intergovernmental agreement.
- The foreign partner should check that the work also qualifies as national in its own country, if it wants grants there.
- If the partner is not European, the Spanish share needs even more care to meet article 5 of the Film Act and obtain Spanish nationality.
Incentive: the same as route 1. The Spanish share generates the article 36.1 deduction and can transfer it to investors.
Route 3: financial co-production
The Spanish partner contributes money only, with no crew or shooting. The ICAA may approve it if:
- The project can obtain approval from the majority co-producer's country.
- The financial contribution is between 10% and 25% of the budget.
- The co-production supports the cultural diversity of the countries involved.
- The overall balance of co-productions with that country allows it.
Our view: this is the weakest route for tax incentives. The 36.1 deduction requires at least 50% of its base to be spent in Spain. If the Spanish contribution is spent abroad, that requirement is very hard to meet. Before choosing this model, check whether part of the spending can happen in Spain, such as post-production or music, or whether route 1 is a better fit.
Route 4: foreign shoot with a Spanish service company
If the work remains 100% foreign, there is no co-production. But it can be shot in Spain by hiring a Spanish production service company registered with the ICAA. That company applies the article 36.2 deduction.
How it works:
- Deduction: 30% of the first million spent in Spain and 25% of the rest.
- Minimum spend in Spain: 1 million euros, or 200,000 euros for animation. There is a specific rule for visual effects below that threshold.
- Cap: 20 million euros per production and 10 million per episode for series.
- Cultural requirement: the ICAA's cultural certificate for foreign shoots, proving a link with Spanish or European cultural reality.
- Payment: if the service company does not have enough tax liability, it can ask the Tax Agency to pay out the deduction.
What you need to know: this deduction cannot be transferred to investors under article 39.7. It is monetised through the Tax Agency, not private financiers. If you want Spanish tax investors, you need one of the first three routes.
Which collaborations with Spanish companies count for the incentive?
Hiring a service in Spain does not make you a co-producer, nor does it make the supplier a co-producer. Co-producing means co-owning the work and taking on a share of the budget, with ICAA approval. What can happen is that post-production, music or editing become the way the Spanish co-producer makes its contribution. In that case, their cost enters the Spanish deduction base.
| Collaboration with a Spanish company | Can it be a co-production? | Requirements | Incentive | Transferable to investors? |
|---|---|---|---|---|
| Post-production (editing, grading, sound) | Only if the company is also a co-producer | Co-ownership and share approved by the ICAA. Post-production can take place in Spain if Spain is the majority partner or the majority partner is from the EU. | Art. 36.1 on the Spanish share | Yes |
| Editing | Only as a co-producer's contribution | The editor can count as the technical creative required from a minority Spanish share | Art. 36.1 | Yes |
| Original score | Only as a co-producer's contribution | The composer counts as an author, one of the minimums required if Spain is the minority partner | Art. 36.1 | Yes |
| Script or co-writing | Only as a co-producer's contribution | The screenwriter counts as an author; rights assigned and registered in the Intellectual Property Registry | Art. 36.1 | Yes |
| Spanish actors | Only as a co-producer's contribution | At least two actors if Spain is the minority partner | Art. 36.1 | Yes |
| Shooting and locations in Spain | Yes, as part of the Spanish contribution | Locations in proportion to the Spanish share; helps meet the 50% Spanish spend rule | Art. 36.1, or 36.2 without co-production | 36.1 yes; 36.2 no |
| Visual effects and animation | Yes, if the studio is a co-producer | Co-ownership approved by the ICAA. Without co-production, there is a specific regime for visual effects. | Art. 36.1, or 36.2 | 36.1 yes; 36.2 no |
| Dubbing and subtitling | No, not on its own | May form part of the Spanish co-producer's cost in a co-produced work; we review it case by case. Dubbing a foreign film for release in Spain generates no incentive. | Art. 36.1, only within a co-production | Only in that case |
| Production services for a foreign shoot | No | Service company registered with the ICAA and minimum Spanish spend of 1 million euros (200,000 for animation) | Art. 36.2 | No, paid out by the Tax Agency |
| Cash-only contribution | Yes, as a financial co-production | Between 10% and 25% of the budget, ICAA approval and contribution to cultural diversity | Art. 36.1, difficult because of the Spanish spend rule | Yes, in theory |
| Distribution in Spain (pre-sale, minimum guarantee) | No | It is an exploitation agreement, not a production agreement | None | No |
| Marketing, prints and advertising | No, not on its own | If borne by the Spanish producer, it can be included in its base within limits | Art. 36.1, within the limit | Yes, in that case |
Three rules to keep in mind:
- If Spain is the minority partner, its contribution must include at least one author, two actors and one technical creative, in proportion to its share.
- Spanish cost is only what the Spanish partner pays. Items charged to another country do not count, and staff from non-EU countries are never recognised as Spanish cost.
- A supplier does not generate the deduction. The incentive is applied by whoever produces: the Spanish co-producer (36.1) or the service company (36.2).
How the deduction is split and how investors come in
In a co-production, each co-producer calculates the deduction on its own share, including the cap. The Spanish partner only deducts on the cost it bears, not on the total budget.
Example: Spain (40%) and Mexico (60%) co-production under a bilateral agreement
| Item | Amount |
|---|---|
| Total budget | €3,000,000 |
| Spanish share (40%), spent in Spain | €1,200,000 |
| 36.1 deduction: 30% of €1,000,000 | €300,000 |
| 36.1 deduction: 25% of €200,000 | €50,000 |
| Spanish partner's deduction | €350,000 |
| Contribution from Spanish investors (350,000 / 1.20) | €291,667 |
| Financing raised | €291,667 (24% of the Spanish share, 10% of the total) |
| Investors' gross tax return | €58,333 |
On top of this come Mexico's own incentives on its 60%, and any Spanish public grants, which reduce the deduction base.
Investor conditions (article 39.7):
- It can apply at most 1.20 times its contribution.
- It acquires no intellectual property rights and does not share in the work's results.
- It cannot be related to the Spanish producer.
- Its deduction is capped relative to its own tax liability, which is why several investors often take part. We explain this in our guide for investors.
Mistakes that cost you the incentive
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Starting to shoot before requesting approval | The ICAA rejects the co-production | File the application with a margin; the ICAA has up to two months |
| A Spanish partner on paper only | Approval or nationality is refused | Real contributions of crew, services and shooting in proportion to the share |
| Spending the Spanish share outside Spain | The 50% Spanish spend rule is not met and the deduction falls | Budget by country from the start, with clear Spanish line items |
| Including non-EU staff in the Spanish share | That cost is not recognised as Spanish | Assign each person to the co-producer of their nationality |
| Expecting to transfer a 36.2 deduction to investors | Not possible under 39.7 | If you want investors, structure a co-production |
| Incomplete or untranslated co-production agreement | Information requests and delays | Agreement with shares, contributions, transfers and split of markets |
How TuMecenas helps
We are not producers: we structure the tax financing of the Spanish share of your project. Investors' money goes straight to the production; we do not hold funds.
- We choose the route: we analyse your project and tell you which co-production model maximises the incentive.
- We calculate the deduction: split by co-producer, Spanish spend and the financing it can generate.
- We bring in investors: we present the project to Spanish companies looking for deductions that fit your work's values.
- We follow through to certification: article 39.7 agreement, Tax Agency notification and follow-up with the ICAA.
Do you have an international project?
Tell us the countries, budget and stage, and we will explain, with no commitment, how to finance the Spanish share with tax incentives.
Frequently asked questions
Can a foreign production company access Spanish incentives directly?
Not to transfer deductions to investors. It needs a Spanish co-producer or its own company in Spain. Without a co-production, only article 36.2 is available, through a service company.
What is the minimum Spanish share?
Generally 20% in bilateral co-productions and 10% in those with three or more countries. In financial co-productions, between 10% and 25%. Each treaty may set different shares.
Does my country have an agreement with Spain?
Check the ICAA's official list. If it is not there, a co-production is still possible under the general rules of Royal Decree 1084/2015.
When must I request approval?
Always before shooting starts. The ICAA decides within two months at most.
Do Spanish investors take rights in the work?
No. Article 39.7 prevents it. Their benefit is tax-related, not commercial.
Can incentives from several countries be combined?
Yes. Each co-producer applies its own country's incentives on its share. It is one of the main advantages of co-producing.
Does dubbing or post-production in Spain make the company a co-producer?
Not on its own. Co-producing requires co-ownership and taking on a share of the budget. That work can, however, be a Spanish co-producer's contribution.
Are there better incentives in some parts of Spain?
Yes. The Canary Islands, Navarre and the Basque Country have their own regimes with higher rates. They are worth considering when deciding where to shoot.
Official sources
- ICAA: Co-producing with Spain
- ICAA: Co-production agreements
- Royal Decree 1084/2015
- Spanish Tax Agency: deduction for foreign productions (art. 36.2 LIS)
- Spanish Tax Agency: payout of the foreign production deduction
This guide is for information only and reflects the legislation in force in October 2026. Each treaty has its own rules and other countries' incentives are not covered here. It does not replace tax or legal advice on a specific project.