9.2. Deduction for investment in companies of new or recent creation
Taxpayers may deduct 50% 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 to the development of the company. entity in which they invest in the terms established by the investment agreement between the taxpayer and the entity.
The maximum deduction base will be 100,000 euros per year and will be made up of the acquisition value of the shares or units subscribed.
The amounts paid for the subscription of shares or participations will not be part of the deduction, when any of the deductions established by the respective Autonomous Community in the exercise of its powers in the Personal Income Tax are applied to those amounts.
Entity requirements:
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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.
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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.
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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:
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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, generally, within five years following said constitution, or within seven years following said constitution. in the case of emerging companies referred to in section 1 of article 3 of Law 28/2022, of December 21, promoting the ecosystem of emerging companies, and remaining in its assets for a period of more than three years and less than twelve years
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The direct or indirect participation of the taxpayer, together with that held in the same entity by his spouse or any person linked to the taxpayer by kinship, in a direct or collateral line, by consanguinity or affinity, up to the second degree included, cannot be, during on any day of the calendar years of holding the participation, greater than 40% of the entity's share capital or its voting rights. This requirement will not apply to the founding partners of an emerging company referred to in Law 28/2022, of December 21, on the promotion of the ecosystem of emerging companies, understood as those that appear in the public deed of incorporation. Of the same.
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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.
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.
Completion
It will record the amount with the right to deduction and NIF of the entity.