10.11.9. By investment in the acquisition of shares or social participations in new or recently created entities and their financing
Taxpayers may deduct from the full regional quota, 30% of the amounts invested during the year in the acquisition of shares or corporate participations as a result of agreements to establish companies or expand capital in public limited companies, limited companies, labor companies and cooperatives.
With respect to the same entities, 30% may be deducted from the amounts lent during the year, as well as from the amounts personally guaranteed by the taxpayer, provided that the loan is granted or the guarantee is constituted in the year in which the company is incorporated or its capital is increased.
The deduction will have a joint limit of 20,000 euros .
The participation of the taxpayer, computed together with those of the spouse or persons united by reason of kinship, in a direct or collateral line, by consanguinity or affinity up to the third degree included, It cannot be more than 40% nor less than 1% of the share capital of the company that is the object of the investment or of its voting rights at any time and during the three years following the incorporation or expansion.
In the case of a loan or guarantee, the taxpayer's participation in the capital will not be necessary, but if it exists it cannot be higher than 40% with the same previous time limits. The amount lent or guaranteed by the taxpayer must be greater than 1% of the company's net assets.
The entity in which the investment must be made must meet the following requirements:
It must have its registered office and tax address in Galicia and maintain it for the three years following the constitution or expansion.
It must carry out an economic activity during the three years following the constitution or expansion. To this end, the main activity must not be the management of movable or real estate assets, in accordance with the provisions of article 4.8.Dos.a) of Law 19/1991, of June 6, on wealth tax. .
You must have, at a minimum, one employed person with a full-time employment contract, registered in the general Social Security regime and with habitual residence in Galicia. The contract will have a minimum duration of one year and must be formalized within two years following the constitution or extension, except in the case of labor companies or cooperatives.
In the event that the investment was made through a capital increase, or the loan or guarantee had been made in the exercise of an increase, the commercial company must have been established in the three years prior to the date of this increase, and in addition, During the twenty-four months following the date of the beginning of the corporate tax period in which the increase was carried out, its average workforce with habitual residence in Galicia would increase, at least by one person, with respect to the average workforce with habitual residence in Galicia for the previous twelve months, and that said increase is maintained for an additional period of another twelve months, except in the case of labor companies or cooperative societies.
To calculate the total average staff of the organisation and the growth thereof, the number of persons employed will be decided in accordance with the provisions of labour legislation, taking into account the contracted hours in relation to a full day.
The taxpayer may be part of the board of directors of the company in which the investment was made, but in no case may he or she carry out executive or management functions for a period of ten years. Nor can you maintain an employment relationship with the entity that is the object of the investment during that same period, except in the case of labor companies or cooperative societies.
The operations in which the deduction is applicable must be formalized in a public deed, which must specify the identity of the investors and the amount of the respective investment.
The acquired shares must be maintained in the taxpayer's assets for a minimum period of three years following the constitution or expansion.
Non-compliance with requirements
Failure to comply with the established requirements and conditions entails the loss of the tax benefit, and the taxpayer must include in the tax return corresponding to the year in which the failure occurred the part of the tax that was not paid as a result of the failure. deduction made together with accrued late payment interest.
The deduction may be increased by an additional 15% when, in addition to meeting the requirements established for the deduction in general, one of the following circumstances occurs:
- These are public limited companies, limited companies, labor companies and cooperatives that prove to be small and medium-sized innovative companies, in accordance with the provisions of Order ECC/1087/2015, of June 5, which regulates obtaining the seal of small and medium-sized innovative business and the operation of the Registry of Small and Medium-sized Innovative Business is created and regulated.
- These are corporations, limited companies, labor companies and cooperatives that certify that they are companies promoting a business project that has agreed to obtain qualification as a technology-based employment initiative, in accordance with the provisions of Decree 56/2007, of March 15, which establishes a support program for technology-based employment initiatives (IEBT), by registering the initiative in the Administrative Registry of Technology-Based Business Initiatives.
- These are public limited companies, limited companies, labor companies and cooperatives owned by universities or research organizations.
The maximum limit of the deduction in these cases is 35,000 euros.
This deduction will be incompatible, for the same investments, with deductions for investment in the acquisition of shares or stakes in new or recently created entities, for investment in shares of entities listed in the segment of expanding companies of the alternative stock market. and by investment in shares of entities listed in the segment of expanding companies of the alternative stock market and by investment in agricultural companies and agricultural cooperative societies or community exploitation of the land.
You must indicate the amounts invested with the right to deduction. In the case of marriage, and if the investment is common to both, 50% must be entered in the declaration of each spouse.
It will have to reflect the NIF of the entity in which you make the investment.
In the event that the investment is made in innovative small and medium-sized companies or those owned by universities or research organizations or in a business project classified as a technology-based employment initiative, the box marked for this purpose will be marked.
The program will transfer the amount to Annex B7