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Form 100. Personal Income Tax Return 2023

10.4.8. For investment in the acquisition of shares or interests in new or recently created entities

Amount

  • The 30  % of the amounts invested during the year in the acquisition of shares, equity interests or mandatory or voluntary contributions made by partners as a result of agreements to form companies or increase capital in companies that meet the requirements set out below.

    In the case of taxpayers who died before April 14 the investment can only be materialized in the acquisition of shares or company interests.

    The maximum amount of this deduction will be 6,000 euros per fiscal year.

    In the case of a joint declaration, the amount will be 6,000 euros for each taxpayer in the family unit that made the investment.

    The deduction will be applied in the year in which the investment is made and in the two following years, with a limit of 6,000 euros per year.

    In the case of taxpayers who died before April 14 the maximum deduction limit is 6,600 euros.

  • The percentage will be 50% with a maximum amount of 12,000 euros ( 13,200 euros in the case of taxpayers who died before April 14) per fiscal year and taxpayer when the investments are made in companies owned by research centers or universities.

    This limit is not independent of the general limit of 6,000 euros (6,600 euros). Therefore, in the event that a taxpayer makes investments in companies owned by research centres or universities and other investments in the acquisition of shares or equity interests in new or recently created entities, the maximum deduction limit will be 12,000 euros (13,200 euros).

Requirements

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

  2. The entity in which the investment is made must meet the following requirements:

    1. Have the nature of a corporation, limited company, labor corporation, labor limited company or cooperative company. In the case of taxpayers who died before April 14, the investment cannot be made in cooperative societies.

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

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

    4. Have, at least, one person employed with a full-time employment contract and registered in the general Social Security system, domiciled in the Balearic Islands, and who is neither a partner nor a shareholder 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 the field of research and development, which, in accordance with the provisions of Order ECC/1087/2015 regulating the obtaining of the seal of innovative small and medium-sized enterprise, and creating and regulating the Registry of Innovative Small and Medium-sized Enterprises, has this seal in force and is registered in said Registry.

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

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

  3. The taxpayer may be a member of the company's board of directors, but may not, under any circumstances, perform executive or management functions, or maintain an employment relationship with the entity.

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

  5. The shares acquired must remain 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 and the maximum participation limit established in point 1 as well as the prohibition contained in point 3 must be met for a minimum period of four years from the effective date of the capital increase or incorporation agreement that gives rise to the right to the deduction.

Failure to comply with the requirements and conditions set out in points 1, 3, 5 and 6 will result in 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, together with the corresponding late payment interest.

Completion

A data capture window will open, reflecting the amount paid with the right to deduction, the NIF of the entity and, if the investment is made in companies owned by research centers or universities, check the box enabled for that purpose.

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