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Form 100. 2020 Personal Income Tax Return Declaration

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

Taxpayers may deduct 15 percent of the amounts invested during the year from the full regional quota, with the limit of 1,000 euros per year in the acquisition of shares or social participations as a consequence of agreements to establish companies or increase capital in corporations, limited companies, labor corporations, limited labor companies or cooperatives and that are considered SMEs in accordance with the definition of the same given by the recommendation of the European Commission of May 6, 2003, provided that the following requirements are met:

  1. The participation of the taxpayer, computed together with that 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, cannot be greater than 40 percent of the share capital of the company. object of the investment or its voting rights.

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

  3. The entity from which the shares or participations are acquired must meet the following requirements set out in points 1,2 and 3 for a minimum period of three years:

    1. It must have its registered office and tax address in the autonomous community of Cantabria and maintain it for the three years following the constitution or expansion.

    2. You must carry out an economic activity. To this end, the main activity must not be the management of movable or real estate assets.

    3. It must have, at a minimum, in the case in which the investment made corresponds to the constitution of the entity, and from the first fiscal year, with a person employed with a full-time employment contract, registered in the General Security Regime. Social, and resident in the Autonomous Community of Cantabria.

    4. In the event that the investment was made through a capital increase, the commercial company must have been incorporated in the three years prior to the date of this increase, and in addition, the average workforce of the entity during the two fiscal years after the extension of the increase with respect to the average workforce that had in the previous twelve months at least one person with the previous requirements, and said increase is maintained for at least another 24 months.

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

  4. 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. Nor can you maintain an employment relationship with the entity that is the object of the investment during that same period. This requirement must be met for a minimum period of three years from the date of effectiveness of the capital increase agreement or constitution that gives rise to the right to the deduction.

  5. The operations to 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.

  6. The acquired shares must be maintained in the taxpayer's assets for a minimum period of three years following the constitution or expansion.

Failure to comply with the above entails the loss of the tax benefit.

Completion

The window will reflect the amounts paid by the holder of the declaration and the NIF of the entity.

In the case of marriage and if the amount paid corresponds to the spouses equally, 50% of the total amounts paid by both will be reflected.

 The program will transfer the data to annex B7 of the declaration.