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Practical Income Manual 2021.


Regulations: Art. 38. 2 and Additional Provision thirty-eighth Law Personal Income Tax ; art. 41 Regulation

The capital gain that is revealed on the occasion of the transfer of shares or participations for which the deduction for investment in new or recently created companies provided for in article 68.1 of the Law has been made, is declared exempt. of Personal Income Tax

You will only have the right to exemption when the amount obtained from the aforementioned transfer is reinvested in the acquisition of shares or participations in another new or recently created entity that meets the requirements and conditions provided for in numbers 2. , 3rd and 5th of article 68.1 of the Personal Income Tax Law (requirements on the entity in which it is invested, with respect to the shares and participations that are acquired and formal) that are discussed in section " Deduction for investment in newly or recently created companies " of Chapter 16, to which we refer.