Skip to main content
Practical Income Manual 2021.

By investment in the acquisition of shares and participations as a consequence of agreements to establish companies or increase capital in commercial companies

Regulations: Art. 15 Text Recast of the provisions issued by the Autonomous Community of Andalusia regarding transferred taxes, approved by Legislative Decree 1/2018, of June 19.

Amount and maximum limit of the deduction

  • 20 percent of the amounts invested during fiscal year 2021 in the acquisition of shares or equity interests as a result of agreements to establish companies or increase capital in commercial companies that are part of the form of Labor Limited Company, Labor Limited Liability Company or Cooperative Society .

  • The deduction limit applicable will be 4,000 euros per year .

Requirements and other conditions for the application of the deduction

  • That, as a consequence of the participation acquired by the taxpayer, computed together with that held in the same entity by his spouse or persons linked to the taxpayer by reason of kinship, in a straight or collateral line, by consanguinity or affinity up to and including the third degree, does not own, during any day of the calendar year, more than 40 percent of the total share capital of the entity or its voting rights .

  • That said participation be maintained for a minimum of three years.

  • That the entity from which the shares or participations are acquired meets the following requirements:

    1. That has its social and tax domicile in the Autonomous Community of Andalusia .

    2. That develops an economic activity .

      For these purposes, it will not be considered that the entity carries out an economic activity when its main activity is the management of movable or real estate assets, in accordance with the provisions of article 4.Eight.Two.a) of Law 19/1991, of June 6, of the Wealth Tax.

    3. If the investment made corresponds to the constitution of the entity, that from the first fiscal year it has at least one person with a full-time employment contract, registered in the corresponding Social Security Regime, and that the conditions are maintained. of the contract for at least twenty-four months.

    4. If the investment made corresponds to a capital increase of the entity , that said entity had been established within the three years prior to the capital increase and the average staff of the entity during the two fiscal years following that of the expansion, at least one person with the requirements of paragraph 3 above is increased with respect to the average workforce that it had in the previous twelve months, and said increase is maintained for at least another twenty-four months.

      To calculate the entity's total average workforce and its increase, the number of people employed will be computed, in the terms provided by labor legislation, taking into account the contracted day in relation to the full day.

Note: Taxpayers entitled to the deduction must complete the section “Additional information to the regional deduction for investment in the acquisition of shares and social participations in new or recently created entities” of Annex B.8 of the declaration model in which, In addition to the amount of the investment with the right to deduction, the NIF of the newly or recently created entity must be recorded in box [1131] and in [1133] if there is a second entity, indicating the total amount of the deduction for investments in new or recently created companies.