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Form 100. 2020 Personal Income Tax Return Declaration

10.4.6. By investment in the acquisition of shares or social participations of new or recently created entities

Taxpayers may deduct 30 percent of the amounts invested in the acquisition of shares or social participations of entities that meet the requirements set out below.

The maximum amount of this deduction will be 6,000 euros per year. In the case of a joint declaration, the amount will be 6,000 euros for each taxpayer in the family unit that has made the investment. The deduction will be applied in the year in which the investment materializes and in the following two years, with a limit of 6,000 euros per year.

In particular, taxpayers may deduct investments made in companies owned by research centers or universities.

In this case, the deduction percentage will be 50 percent and with a maximum amount of 12,000 euros per year and taxpayer.

Requirements

  1. The participation achieved by the taxpayer, together with those of the spouse or persons linked by reason of kinship, in a direct or collateral line, by consanguinity or affinity, up to the third degree included, may not exceed 40 percent of the share capital of the company. object of the investment or its voting rights.

  2. The entity in which the investment must materialize will have to meet the following requirements:

    1. Have the nature of a public limited company, limited company, labor limited company or labor limited company.

    2. Have its registered office and tax address in the Balearic Islands.

    3. Develop an economic activity, this may not have as its main activity the management of movable or real estate assets, nor be dedicated to the leasing of real estate.

    4. Have, at a minimum, one employed person with a full-time employment contract and registered in the general Social Security regime, domiciled in the Balearic Islands, and who is neither a partner nor a participant in the company.

    5. In the event that the investment has been made through a capital increase, the commercial company must have been incorporated in the last two years prior to the date of said capital increase, unless it is an innovative company in matter of research and development, which, in accordance with the provisions of Order ECC/1087/2015, which regulates obtaining the seal of small and medium-sized innovative company, and creates and regulates the Registry of Small and Medium-sized Enterprises Innovative, has this seal in force and is registered in said Registry.

    6. You must maintain the jobs, understanding that this requirement is met when the total average workforce is maintained.

    7. The annual turnover of the entity may not exceed the limit of 2,000,000 euros.

  3. The taxpayer may be part of the board of directors of the company, without, in any case, being able to carry out executive or management functions, nor maintain an employment relationship with the entity.

  4. The operations in which the deduction is applicable must be formalized in a public deed, which must state the identity of the investors and the amount of the respective investment.

  5. The acquired shares must be maintained in the taxpayer's assets for a minimum period of four years.

  6. The requirements established in letters b, c, d, f and g of point 2 as well as the prohibition contained in point 3 must be met for a minimum period of four years counting from the date of effectiveness of the capital increase agreement or constitution that originates the right to deduction.

Failure to comply with the requirements and conditions established in points 1, 3, 5 and 6 will entail the loss of the tax benefit, and the part of the tax that has not been paid must be included in the declaration for the year in which the failure occurred. along with the corresponding late payment interest.

Completion

A data capture window will open in which you must indicate the amount paid with the right to deduction. Indicating the NIF of the entity and must indicate, if applicable, that the investment is in companies owned by research centers or universities.

 The program will transfer the deduction to Annex B.7 of the declaration.