10.15.38. For contributions to the equity of entities that carry out economic activities
Amount
He 45% of the amounts invested in the subscription and payment of shares or equity interests as a result of incorporation agreements or capital increases of public limited companies, limited liability companies and worker-owned companies or voluntary or mandatory contributions made by members to cooperative societies.
The deduction limit is 9,900 euros per taxpayer.
Requirements and conditions
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The entity in which the investment must be made must have its registered and tax domicile and maintain it for the three years following the constitution or expansion within the territorial scope of application 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.
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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.
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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.
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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.
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The acquired shares must remain in the taxpayer's assets for a minimum period of three years following the incorporation or expansion.
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The deduction base may not exceed 30% of the taxpayer's taxable income.
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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.
If there are amounts pending application from previous years of this deduction or any other deduction, priority will be given to rights acquired earlier.
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 ".
Completion
You must record:
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The amount of the 2024 deduction pending application due to insufficient quota.
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The amount invested in the fiscal year.
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The entity's NIF.
The program will transfer the data to Annex B.14 of the declaration.