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Practical Income Manual 2022.

Example: Application of the deduction for investment in companies of new or recent creation

After the closure of the optician's shop where four of its workers worked, they decided to open a new establishment of this type in Zaragoza, forming the XX public limited company in January 2022 with an initial capital of 300,000 euros (300 shares).

Don JASM, resident in Zaragoza (former client of the optician that closed) decides to invest in the new business and subscribes in 2022 a total of 70 shares of the public limited company “XX”:

  • 30 shares in March (30,000 euros)

  • 40 shares in November (40,000 euros)

Determine the amount of the deduction for investment in new or recently created companies in 2022 assuming that the requirements to apply it are met.

Solution:

Previous note: Taxpayers residing in the Autonomous Community of Aragon can apply in the 2022 financial year both the state deduction for investment in the acquisition of shares and social participations of new or recently created entities and the regional deduction. However, in accordance with the regional regulations applicable in the year 2022, the taxpayer can only apply the regional deduction on the amount invested that exceeds the maximum base of the state deduction for investment in the acquisition of shares or social participations of new entities or of recent creation provided for in the aforementioned article 68.1 of the Personal Income Tax Law .

Total amount invested in 2022 (30,000 + 40,000) = 70,000

Deduction in the full state fee

  • Investment amount with right of deduction (1) = 60,000

    • Maximum deduction base: 60,000

    • Effective basis of deduction: 70,000

  • Deduction amount (60,000 x 30%) = 18,000

Deduction in the full regional quota

  • Investment amount with right of deduction (2) = 10,000

  • Deduction amount (10,000 x 20%) (3) = 2,000

Notes to the example:

(1) The amounts invested in 2022 will be entitled to the deduction as long as they meet the requirements demanded by article 68.1.1.º of the Personal Income Tax Law having as the maximum deduction base, from January 1 of 2018, the amount of 60,000 euros per year. Please also bear in mind that if the shares are held for a minimum of 3 years from the date of investment, their sale or transfer may benefit from the exemption from the capital gain generated as long as the amount obtained is reinvested in shares of the stock. new or recently created companies. (Back)

(2) The 10,000 euros of the 70,000 euros invested in 2022 that exceed the maximum base of the state deduction can serve as the basis of the deduction for investment in the acquisition of shares or social participations in new or recently created entities established by the Autonomous Community of Aragón in the exercise their powers, provided they meet the required requirements and conditions. (Back)

(3) In the regional deduction, the applicable deduction percentage is 20% with a maximum amount of 4,000 euros, which in this case is not exceeded. (Back)