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

Amount and requirements

Taxpayers may deduct 15% of the amounts invested during the year, with the limit of 1,000 euros per year in the acquisition of shares or corporate participations as a consequence of agreements to establish companies or increase capital in commercial companies that take the form of a Public Limited Company, Limited Liability Company, Labor Limited Company or Labor Limited Liability Company 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 and that meet the following requirements:

1. The taxpayer's participation, computed together with that of the spouse or persons connected by reason of kinship, in a direct or collateral line, by consanguinity or affinity up to the third degree included, cannot exceed 40% of the capital on any day of the calendar year. of the entity or its voting rights.

2. That said participation be maintained for a minimum of three years from the date of effectiveness of the capital increase agreement or constitution that gives rise to the right to deduction.

3. The entity from which the shares or participations are acquired must meet the requirements indicated below. Those provided for in points 1,2 and 3 will have to be met for a minimum period of three years from the date of effectiveness of the capital increase or constitution agreement that gives rise to the right to deduction:

   1. Have the registered office and tax address in the autonomous community of Cantabria.

   2. Carry out an economic activity. For this purpose, it is not considered that it carries out an economic activity when its main activity is the management of movable or real estate assets.

   3. In the event that the investment made corresponds to the constitution of the entity, from the first fiscal year, it must have at least one person hired, full-time, registered with Social Security, and resident in the Community. Autonomous of Cantabria.

   4. In the event that the investment was made through a capital increase, the commercial company must have been established in the three years prior to the date of this increase, and the average workforce of the entity during the two fiscal years following the increase must be increased. with respect to the average workforce that had at least one person with the above requirements in the previous twelve months, and said increase must be 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. These requirements 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 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.

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, if the amount paid corresponds to the spouses in equal shares, each of them will reflect 50% of the total amounts paid.

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