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Practical Income Manual 2021.

For investments or donations to Social Economy entities established in Cantabria

Regulations: Art. 2.12 Text Recast of the Law on Fiscal Measures regarding taxes transferred by the State, approved by Legislative Decree 62/2008, of June 19 , by the Autonomous Community of Cantabria.  

Amounts and joint limit of the deduction

  • 20 percent of the amounts invested s during the year in the contributions made with the purpose of being a partner in entities that are part of the Social Economy referred to in the following section.

  • 50 percent of the amounts donated, irrevocably, to entities that are part of the Social Economy for the development of both new economic activities and the strengthening of those already carried out.

  • 25 percent of the amounts donated, irrevocably , to entities that are part of the Social Economy for carrying out activities to promote and disseminate the Social Economy, in the terms provided in article 8 of Law 5/2011, of March 29, on Social Economy ( BOE of 30).

  • Joint limit: The maximum joint amount of the three cases considered for this deduction is 3,000 euros , both in individual taxation and in joint taxation.

    Attention: No amount can be deducted simultaneously in two or more of the modalities of this deduction.

Requirements and other conditions for the application of the deduction

  • The application of this deduction is subject to compliance with the following requirements and conditions

    a) The participation achieved by the taxpayer, computed together with those of the spouse or persons united by reason of kinship, in a direct or collateral line, by consanguinity or affinity up to the third degree included, may not exceed 40 percent of the capital of the entity that is the object of the investment or donation.

    b) The entity in which the investment or donation must materialize will have to meet the following requirements:

    1. Be part of the social economy, in the terms provided for in Law 5/2011, of March 29, on the Social Economy and be registered in the established registries or catalogs that recognize the status of social economy entity.

      In accordance with article 6 of Law 5/2011:

      "The Ministry of Labor and Immigration, following a report from the Council for the Promotion of the Social Economy, and in coordination with the Autonomous Communities, will prepare and maintain an updated catalog of the different types of entities that make up the social economy, taking into account the principles established in this law and in coordination with the existing catalogs at the regional level.

      The catalogs of social economy entities must be public. Advertising will be effective by electronic means."

      Note: Please note that the Ministry of Labor and Immigration is currently the Ministry of Labor and Social Economy.

    2. Have your social and tax domicile in Cantabria .

    3. Count, on annual average, one employed person with employment contract

    The requirements established in points 1, 2 and 3 above must be met for a minimum period of three years counting from the contribution or donation.

  • The operations in which the deduction is applicable must be formalized in a public deed , which will record the identity of the investors and the amount of the respective investment.

  • To be entitled to this deduction the effectiveness of the donation and its value must be proven by certification issued by the donor entity .

  • The deliveries or donations that form the basis of this deduction d must be made by credit or debit card, bank transfer, nominative check or deposit into accounts at credit institutions, to the entities that receive The donation.

    In no case, will contributions or donations made through cash payments give the right to make this deduction.

  • In the case of the deduction of 20 percent of the amounts invested during the year in the contributions made with the purpose of being a partner in entities that are part of the Social Economy, it is required that the participation in the capital acquired as a result of the investment made, must be maintained in the taxpayer's assets for a minimum period of five years .

Loss of the right to the deduction made

Failure to comply with the requirements and conditions established in the previous sections will entail the loss of the tax benefit and, in such case, the taxpayer must include in the tax return corresponding to the year in which the failure occurred the part of the tax that would have been stopped paying as a consequence of the deduction made, together with the accrued late payment interest.

Incompatibility

This deduction will be incompatible, for the same investments , with the deductions "For donations to foundations or to the Cantabria Coopera Fund." and "Deduction for investment in the acquisition of shares and social participations of new or recently created entities."

Note: Taxpayers entitled to the deduction must complete the section "Additional information to the regional deduction of Cantabria for investments or donations to Social Economy entities established in Cantabria and to the regional deduction of Aragon for investment in social economy entities" of Annex B.8 of the declaration in which, in addition to the amount of the investment with the right to deduction, the NIF of the entity and, if it exists, of the second entity, must be stated, indicating the amount of the investment with the right to deduction in the corresponding box.