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Practical manual for Income Tax 2022.

For investment in the acquisition of shares or equity interests in new or recently created entities

Regulations: Art. 110-9 Text Consolidated version of the provisions issued by the Autonomous Community of Aragon on transferred taxes, approved by Legislative Decree 1/2005, of September 26

Amount and maximum limit of the deduction

  • 20 percent of the amounts invested in the year 2022 in the acquisition of shares or corporate interests as a result of agreements to establish companies or increase capital in commercial companies referred to in article 68.1 of the Personal Income Tax Law with the following limitations:

    1. This deduction may only be applied to the amount invested that exceeds the maximum base of the general deduction for investment in the acquisition of shares or interests in new or recently created entities provided for in the aforementioned article 68.1 of the Tax Law.

    2. If the taxpayer transfers shares or interests and chooses to apply the exemption provided for in article 38.2 of the Tax Law, only the portion of the reinvestment that exceeds the total amount obtained from the transfer of the shares or interests will form part of the deduction base corresponding to the new shares or interests subscribed. In no case may a deduction be made for new shares or interests as long as the amounts invested do not exceed the aforementioned amount.

      The exemption from capital gains that arises on the occasion of the transfer of shares or interests when the amount obtained is reinvested in another newly or recently created entity is discussed in Chapter 11.

  • The maximum amount of this deduction will be 4,000 euros .

Note: Taxpayers entitled to the deduction must complete the section "Additional information on the regional deduction for investment in the acquisition of shares and equity interests in new or recently created entities" in Annex B.8 of the declaration in which, in addition to the amount of the investment entitled to deduction, the NIF of the newly or recently created entity and, if applicable, of the second entity must be stated, indicating the total amount of the deduction for investments in newly or recently created companies in the corresponding box.

Requirements and other conditions for the application of the deduction

The application of the deduction is subject to compliance with the same requirements and conditions required in article 68.1 of the Personal Income Tax Law in relation to the general deduction for investment in the acquisition of shares or interests in new or recently created entities and, in addition, the following:

  • The Public Limited Company, Limited Company, Public Limited Labor Company or Limited Labor Company where the investment must be made must have its registered office and tax domicile in Aragon .

  • The taxpayer may be a member of the board of directors of the company in which the investment has been made, without, in any case, being able to carry out executive or management functions or maintain an employment relationship with the entity that is the object of the investment .

Loss of the right to the deduction made

Failure to comply with the established conditions and requirements entails the loss of the tax benefit, and the taxpayer must include in the regional net quota of the tax return corresponding to the year in which the breach occurred the amounts unduly deducted, plus any accrued late payment interest.

Incompatibility

This deduction will be incompatible, for the same investments , with the deductions "For investment in shares of entities listed in the expansion segment of the Alternative Stock Market" and "For investment in entities of the social economy".