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Form 100. Personal Income Tax Declaration 2021

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

Taxpayers may deduct the following amounts and with the limits set forth below:

Amount and maximum limit of the deduction

  • In general, 30% of the amounts invested during the year in the acquisition of shares or social participations as a result of agreements to establish companies or increase capital in commercial companies that take the form of Public Limited Company, Liability Company Limited. The applicable deduction limit is 6,000 euros per year.

  • 50% of the amounts invested in the year in the acquisition of shares, participations and social contributions as a result of agreements to establish or increase the capital of public limited liability companies, limited liability companies and cooperative companies with a deduction limit of 12,000 euros.

  • 50% of the amounts invested in the case of companies created or owned by universities or research centers, with a deduction limit of 12,000 euros.

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 Community of Madrid.

    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 hired with a full-time employment contract and registered in the General Security Regime Social. This requirement will not be applicable to Labor Limited Liability Companies, Labor Limited Liability Companies or cooperatives.

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

      To calculate the total average workforce of the entity 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.

Completion

Through a data capture window, you must indicate the NIF of the entity and the amounts invested with the right to deduction. The program will transfer the amount to Annex B8.