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Practical manual for Income Tax 2023.

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

Following the closure of the optician's shop where four of its employees worked, they decided to open a new establishment of this type in Zaragoza, for which they formed the public limited company XX in January 2023 with an initial capital of 300,000 euros (300 shares).

Mr. JASM, resident in Zaragoza (former client of the optician's shop that closed) decides to invest in the new business and subscribes in 2023 to a total of 110 shares of the public limited company “XX”:

  • 50 shares in March (50,000 euros)

  • 60 shares in November (60,000 euros)

Determine the amount of the deduction for investment in newly created or recently created companies in 2023, assuming that the requirements for applying it are met.

Solution:

Previous note: Taxpayers residing in the Autonomous Community of Aragon can apply in the 2023 financial year both the state deduction for investment in the acquisition of shares and equity interests in new or recently created entities and the regional deduction. However, in accordance with the regional regulations applicable in the 2023 financial year, 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 interests in new or recently created entities provided for in the aforementioned article 68.1 of the Personal Income Tax Law .

Total amount invested in 2023 (50,000 + 60,000) = 110,000

Deduction in the total state quota

  • Investment amount with right to deduction (1) = 100,000

    • Maximum deduction base: 100,000

    • Effective deduction base: 110,000

  • Deduction amount (100,000 x 50%) = 50,000

Deduction in the total regional quota

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

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

Notes to the example:

(1) Amounts invested in 2023 will be entitled to the deduction provided they meet the requirements set forth in article 68.1.1 of the Income Tax Law with the maximum deduction base, from 1 January 2023, being the amount of 100,000 euros per year and the applicable percentage being 50%. Please also note 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 of the capital gains generated provided that the amount obtained is reinvested in shares of new or recently created companies. (Back)

(2) The 10,000 euros of the 110,000 invested in 2023 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 Aragon in the exercise of its powers, provided that 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)