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Practical Income Manual 2021.

By investment in the acquisition of shares and social participations of new or recently created entities

Regulations: Art. 15 Text Recast of the legal provisions of the Community of Madrid regarding taxes transferred by the State, approved by Legislative Decree 1/2010, of October 21.

Amount and maximum limit of the deduction

  • In general terms: 30 percent of the amounts invested during fiscal year in the acquisition of shares or corporate participations as a result of agreements to establish a company companies or capital increase in commercial companies that take the form of a Public Limited Company or Limited Liability Company.

    The applicable deduction limit is 6,000 euros per year.

  • 50 percent of the amounts invested during the fiscal year in the fiscal year in the acquisition of shares, participations and corporate contributions as a consequence of incorporation agreements or capital increase of labor corporations, labor limited liability companies and cooperative societies.

    The limit of the applicable deduction is 12,000 euros .

  • 50 percent of the amounts invested during the year in the case of companies created or owned by universities or research centers.

    The limit of the deduction is 12,000 euros.

Note: Keep in mind that the deduction is applied for three different types of investments, for each of which a different and independent limit is established.

Requirements and other conditions for the application of the deduction

The following requirements and conditions are not required in the case of investments made in entities created or owned by universities or research centers:

  • The participation acquired by the taxpayer as a consequence of the investment, 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, cannot be higher during any day of the calendar year 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 or tax domicile in the Community of Madrid .

    2. That develops an economic activity .

      For these purposes, it will not be considered that it 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, Wealth Tax.

    3. In the event that the investment made corresponds to the constitution of the entity, since the first fiscal year it has at least one person hired with a full-time and given employment contract registration in the general Social Security regime.

      Note: In the case of labor corporations, labor limited liability companies and cooperative societies, this requirement will not be enforceable.

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

      To calculate the total average workforce of the entity and its increase, the people employed will be taken, 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 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 stated and, if it exists, that of the second entity, indicating the total amount of the deduction for investments in new or recently created companies in the corresponding box.