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Form 100. Personal Income Tax Return 2024

10.15.38. For contributions to the equity of entities that carry out economic activities

This deduction does not apply to taxpayers who died before November 13.

Amount

45% of the amounts invested, from November 13, 2024, in the subscription and disbursement of shares or corporate interests as a result of agreements for the incorporation or capital increase of public limited companies, limited liability companies and worker-owned companies or voluntary or mandatory contributions made by partners to cooperative societies.

The deduction limit is 9,900 euros per taxpayer.

Requirements and conditions

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

    • In the case of taxpayers who died between November 13 and December 23, the entity must have its registered office and tax domicile and maintain it for the three years following its incorporation or expansion within the territorial scope of Decree Law 12/2024 of November 12.

    • In all other cases, the entity must have its registered office and tax domicile and maintain it for three years following its incorporation or expansion within the territorial scope of Decree Law 12/2024 of November 12. For companies already in existence as of November 12, this circumstance must be met by October 29, 2024.

      If you are an existing entity as of November 13, 2024, you must have requested a Temporary Employment Regulation File (ERTE) for your employees as a result of the temporary layoff.

      In the case of a newly created entity, these must not be shares or interests in an entity through which the same activity is carried out as was previously carried out under another ownership.

    The territorial scope of Decree Law 12/2024 of November 12, will be constituted by all or, when specified, the part of the municipal term of the municipalities included in the Final Annex of Agreement of the Consell, dated November 4, 2024, by which urgent measures are adopted to alleviate the damage caused by the storm that began on October 29, 2024 in the Valencian Community .

    The list of affected municipalities may be modified by resolution of the Ministry of Justice and the Interior, at the proposal of the management of AVSRE and must be published in the Diari Oficial de la Generalitat Valenciana.

  • Carry out an economic activity during the three years following incorporation or expansion. For these purposes, entities whose main activity consists of the management of movable or immovable assets, in accordance with the provisions of article 4.8.two.a) of Law 19/1991, of June 6, on the Wealth Tax, will not be understood to be included in any of the entity's tax periods concluded prior to the transfer of the share.

  • It must have at least one person employed with a full-time employment contract, or several people provided that the sum of their working days is at least equivalent to one full day, registered with the general Social Security system, during the three years following the incorporation or expansion, except in the case of worker-owned companies or worker-owned cooperatives.

  • Transactions in 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.

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

  • The deduction base may not exceed 30% of the taxpayer's taxable income. This requirement will not apply to taxpayers who died between November 13 and December 23.

  • If the taxpayer does not have sufficient regional tax liability to apply all or part of this deduction in the period in which said right is generated, the undeducted amount may be carried over to the following three tax periods until the full amount is exhausted, if applicable.

Incompatibility

This deduction is incompatible for the same period and the same entity receiving the contributions with the deduction "For investment in the acquisition of shares or equity interests in new or recently created entities ". This incompatibility will not apply to taxpayers who died between November 13 and December 23.

Completion

You must record: 

  • The amount invested.

  • The entity's NIF.