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Form 100. Personal Income Tax Declaration 2021

10.6.16. For investments or donations to Social Economy entities

Deduction amount

  • The 20% of the amounts invested during the year in the contributions made with the purpose of being a partner in entities that are part of the Social Economy referred to in the following section.

  • 50% of the amounts donated, irrevocably, to entities that are part of the Social Economy for the development of economic activities, both new and to strengthen those already carried out.

  • The 25% of the amounts donated, irrevocably, to entities that are part of the Social Economy for carrying out activities to promote and disseminate the Social Economy, in the terms provided in Article 8 of Law 5/2011, of March 29, on Social Economy (BOE of 30).

Limits

The joint limit for the three deduction cases is 3,000 euros, both in individual taxation and in joint taxation. No amount can be deducted simultaneously in two or more of the modalities of this deduction.

Requirements and conditions

  1. The application of this deduction is subject to compliance with the requirements and conditions:

    • 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 capital of the entity object of the investment or donation.
    • The entity in which the investment or donation must materialize will have to meet the following requirements:
      • Be part of the social economy, in the terms provided for in Law 5/2011, of March 29, on the Social Economy and be registered in the established registries or catalogs that recognize the status of a social economy entity.
      • Have its registered office and tax address in Cantabria.
      • Have, on an annual average, one employed person with a full-time employment contract, and registered in the general Social Security regime.

      These requirements must be met for a minimum period of three years from the contribution or donation.

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

  3. To be entitled to this deduction, the effectiveness of the donation and its value must be proven by certification issued by the donor entity.

  4. Deliveries or donations that form the basis of this deduction must be made by credit or debit card, bank transfer, personal check or deposit into accounts at credit institutions, to the entities that receive the donation.

  5. In no case will contributions or donations made through cash deliveries give the right to practice this deduction.

  6. In the first type of deduction (20%), the participation in the capital acquired as a result of the investment made must be maintained in the taxpayer's assets for a minimum period of five years.

Failure to comply with the requirements and conditions established in the previous sections will entail the loss of the tax benefit and, in such case, the taxpayer must include in the tax return corresponding to the year in which the failure occurred the part of the tax that would have been stopped paying as a consequence of the deduction made, together with the accrued late payment interest.

Incompatibility

This deduction will be incompatible, for the same investments, with the deductions “For donations to foundations or to the Cantabria Coopera Fund.” and “Deduction for investment in the acquisition of shares and social participations of new or recently created entities.”

Completion

It will reflect the NIF of the entity and the amount of the investment with the right to deduction.

The program will transfer the data to Annex B.8 of the declaration.