8.2.5 Investment maintenance. Formal requirements for deduction

The assets subject to reinvestment must remain in operation in the taxpayer's assets, except for justified loss, until the five-year period is met, or three years if they are movable assets, except if their useful life is in accordance with the amortization method admitted in article 11 of RDLeg . 4/2004, which is applied, is lower.

The transfer of assets subject to reinvestment before the end of the period mentioned in the previous paragraph will result in the loss of the deduction, except if the amount obtained or the net book value, if lower, is subject to reinvestment. In such case, the loss of the right to this deduction will be regularized in the manner established in article 137.3 of the RDLeg. 4/2004.

As a formal requirement, taxpayers must record in the annual accounts the amount of income eligible for the deduction provided for in this section and the date of reinvestment. This mention must be made while the maintenance period referred to above has not been met.