Skip to main content
Form 100. 2020 Personal Income Tax Return Declaration

10.1.5. By investment in the acquisition of shares and participations as a consequence of agreements to establish companies or increase capital in commercial companies

20% of the amounts invested during the year in the acquisition of shares or participation in companies as a result of agreements to establish companies or increase capital in commercial companies that take the form of Labor Limited Company, Labor Limited Liability Company or Cooperative Society.

The deduction will be limited to 4,000 euros per year .

Requirements

  1. That as a consequence of the participation acquired by the taxpayer, computed together with that held in the same entity by his spouse or persons linked to the taxpayer by reason of kinship, in a straight or collateral line, by consanguinity or affinity up to the third degree included, there is no on any day of the calendar year, more than 40% of the total share capital of the entity or its voting rights is owned.

  2. That said participation be maintained for a minimum of three years.

  3. That the entity from which the shares or participations are acquired meets the following requirements:

    1. That it has its registered office and tax address in the Autonomous Community of Andalusia.

    2. That develops an economic activity. For these purposes, it will not be considered that it carries out an economic activity when its main activity is the management of movable or real estate assets, in accordance with the provisions of article 4.Eight.Two.a) of Law 19/1991, of 6 of June, of the Wealth Tax.

    3. That, in the case in which the investment made corresponds to the constitution of the entity, from the first fiscal year it has at least one person with a full-time employment contract, registered in the corresponding Social Security Regime, and that the conditions of the contract are maintained for at least twenty-four months.

    4. That, in the case in which the investment made corresponds to a capital increase of the entity, said entity would have been established within the three years prior to the capital increase and the average staff of the entity during the two fiscal years following the of the extension is increased with respect to the average workforce that had in the previous twelve months by at least one person with the requirements of paragraph 3 above, and said increase is maintained for at least another twenty-four months.

      To calculate the entity's total average workforce and its increase, the number of people employed will be computed, in the terms provided by labor legislation, taking into account the contracted day in relation to the full day.

Completion

The holder of the deduction must indicate the amounts invested in the year in the acquisition of shares or social participations that meet the above requirements and the NIF of the entity. The program will transfer the data to annex B7 of the declaration.