By investment in the acquisition of shares or stakes in new or recently created entities
Regulations: Art. 110-9 Text Recast of the provisions issued by the Autonomous Community of Aragon regarding 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 fiscal year 2022 in the acquisition of shares or participations as a result of agreements to establish companies or increase capital in commercial companies to which it refers article 68.1 of the Personal Income Tax Law with the following limitations:
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 social participations of new or recently created entities provided for in the aforementioned article 68.1 of the Law of IRPF .
If the taxpayer transfers shares or participations and opts for the application of the exemption provided for in article 38.2 of the Personal Income Tax Law , it will only form part of the base of the deduction corresponding to the new shares or subscribed shares the part of the reinvestment that exceeds the total amount obtained in the transfer of those. In no case may a deduction be made for new shares or participations as long as the amounts invested do not exceed the aforementioned amount.
The exemption from capital gains that arises upon the transfer of shares or participations 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 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 and, if it exists, 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 conditional on compliance with the same requirements and conditions set forth in article 68.1 of the Personal Income Tax Law in relation to the general deduction for investment in the acquisition of shares or social participations of new entities or recently created and, in addition, the following:
The Public Limited Company, Limited Company, Labor Limited Company or Labor Limited Company where the investment must materialize must have its registered and tax domicile in Aragón .
The taxpayer may be part 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. object of 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 amount of the tax return corresponding to the year in which the non-compliance occurred the amounts unduly deducted, plus late payment interest. accrued.
This deduction will be incompatible, for the same investments , with the deductions "For investment in shares of entities listed in the segment of expanding companies of the Alternative Stock Market" and "For investment in entities of the social economy".