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Form 100. Personal Income Tax Declaration 2019

9.2. Deduction for investment in companies of new or recent creation

Taxpayers may deduct 30 percent of the amounts paid in the period for the subscription of shares or participations in new or recently created companies, and may, in addition to the temporary contribution to capital, contribute their business or professional knowledge appropriate for the development of the entity in which they invest in the terms established by the investment agreement between the taxpayer and the entity.

The deduction will only be applicable with respect to shares or participations subscribed as of September 29, 2013 (date of entry into force of Law 14/2013)

The maximum deduction base will be 60,000 euros annually and will be made up of the acquisition value of the shares or units subscribed.

They will not be part of the deduction:

  1. The amount of the shares or participations acquired with the balance of the company savings account, to the extent that said balance had been subject to deduction.

  2. Amounts paid for the subscription of shares or participations, when any of the deductions established by their respective Autonomous Community are practiced in the exercise of their powers in the Personal Income Tax.

Entity requirements:

  1. The entity must take the form of a Public Limited Company, Limited Liability Company, Labor Limited Company or Labor Limited Liability Company, and not be admitted to trading on any organized market. This requirement must be met during all years of ownership of the share or participation.

  2. You must carry out an economic activity that has the personal and material means for its development. In particular, the activity may not be the management of movable or real estate assets, in any of the tax periods of the entity concluded prior to the transfer of the participation.

  3. The amount of the entity's own funds may not exceed 400,000 euros at the beginning of the entity's tax period in which the taxpayer acquires the shares or participations.

    When the entity is part of a group of companies, regardless of residence and the obligation to prepare consolidated annual accounts, the amount of equity will refer to the group of entities belonging to said group.

Conditions to be able to practice the deduction:

  1. The shares or participations in the entity must be acquired by the taxpayer either at the time of its constitution or through a capital increase carried out within three years following said constitution and remain in its assets for a period of more than three years and less than twelve years.

  2. The direct or indirect participation of the taxpayer, together with that held in the same entity by his spouse or any person related to the taxpayer by blood or marriage up to and including the second degree, may not, during any day of the calendar years in which the participation is held, exceed 40% of the capital stock of the entity or of its voting rights.

  3. That they are not shares or participations in an entity through which the same activity that was previously carried out through another ownership is carried out.

  4. The amount of shares or participations acquired with the balance of company savings accounts will not form part of the base of the deduction to the extent that said balance had been subject to deduction. Please note that the deduction for company savings accounts has been eliminated as of January 1, 2015.

When the taxpayer transfers shares or participations and opts for the application of the exemption provided for in section 2 of art. 38 of the Law, only the part of the reinvestment that exceeds the total amount obtained in the transfer of those shares will form part of the base of the deduction corresponding to the new subscribed shares or participations. In no case may a deduction be made for new shares or participations as long as the amounts invested do not exceed the aforementioned amount.

To practice the deduction, it will be necessary to obtain a certification issued by the entity indicating compliance by the entity with the requirements previously indicated for the entity in the tax period in which the shares or participations are acquired.