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Form 100. Personal Income Tax Return 2023

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

Amount

30% of the amounts invested during the year in the subscription and payment of shares or corporate interests as a result of agreements to establish or increase the capital of public limited companies, limited liability companies and labour companies or of voluntary or compulsory contributions made by partners to cooperative companies with a limit of 6,600 euros.

The deduction may be increased by an additional %, up to a limit of 9,900 euros when, in addition to meeting the requirements indicated below, the entities receiving the funds meet any of these conditions:

  • They must prove to be innovative small and medium-sized companies for the purposes of Royal Decree 475/2014, of June 13, on bonuses in Social Security contributions for research staff, or be owned by universities or research organizations.

  • Have your tax domicile in a municipality at risk of depopulation.

The limits of 6,600 euros and 9,900 euros are independent of each other when they apply to different investments.

In the event that the taxpayer does not have sufficient regional tax to apply all or part of this deduction in the period in which the right to its application is generated, the amount not deducted may be applied in the following three tax periods until its total amount is exhausted, if applicable. 

If there are amounts pending application from previous years of this deduction or of the deduction for amounts invested in self-consumption facilities or for the generation of electrical or thermal energy through renewable sources, priority will be given to the rights acquired earlier.

Requirements

  • The investment cannot be made in shares or interests in an entity through which the same activity is carried out that was previously carried out through another ownership.

  • The entity in which the investment is to be made must meet the following requirements:

    1. It must have its registered office and tax domicile in the Valencian Community and maintain it for three years following its incorporation or expansion.

    2. It must carry out an economic activity during the three years following its incorporation or expansion. For this purpose, its main activity does not have to be the management of movable or immovable assets.

    3. It must have, at least, one person employed with a full-time employment contract, registered in the general Social Security system for three years following its establishment or expansion.

    4. In the event that the investment was made through a capital increase or new contributions, the company must have been incorporated in the three years prior to the date of this increase, provided that, in addition, during the twenty-four months following the date of the start of the corporate tax period in which the investment was made, its average workforce increased by at least one person compared to the average workforce existing in the previous twelve months and that this increase was maintained for an additional period of twenty-four months.

      To calculate the company's total average workforce and its increase, the number of people employed will be taken into account, in accordance with the terms established by labour legislation, taking into account the contracted working hours in relation to the full working day.

    The requirements contained in numbers 3 and 4 will not be applicable to labor companies or to worker cooperative societies.

  • The operations to which the deduction is applicable must be formalized in a public deed, in which the identity of the investors and the amount of the respective investment must be specified. However, in the case of cooperative societies and except in the cases of incorporation, formalization in a public deed will not be necessary, and the subscription and disbursement of mandatory or voluntary contributions to the share capital made by the members must be justified by means of a certification signed by the person holding the position of secretary of the cooperative, with the approval of the president of the same and with the signatures notarized; When several subscriptions or disbursements have been made by the same member during the financial year, it will be sufficient to issue a single certificate, stating all the subscription and disbursement dates.

  • The shares acquired must remain in the taxpayer's assets for a minimum period of three years following the incorporation or expansion.

  • The amounts of money that entitle the deduction to be applied will be paid by credit or debit card, bank transfer, personal check or deposit into accounts in credit institutions.

Completion

It will reflect the amount of the deduction generated in previous years that is pending application due to not having had sufficient quota.

The amount invested in the financial year will be entered, as well as the NIF of the entity and, if the investment is in innovative small and medium-sized companies, the box provided for this purpose will be checked. 

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