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Practical manual for Income Tax 2023.

For investment in the acquisition of shares and corporate interests as a result of agreements to establish companies or increase capital in commercial companies

Regulations: Art. 20 Law 5/2021, of October 20, on Transferred Taxes of the Autonomous Community of Andalusia

Amount and maximum limit of the deduction

  • 20 percent of the amounts invested during the year 2023 in the acquisition of shares or corporate interests as a result of agreements to establish companies or increase capital in commercial companies that take the form of Public Limited Company, Public Limited Labor Company, Limited Liability Company, Labor Limited Liability Company or Cooperative Company .

    The applicable deduction limit will be 4,000 euros per year .

  • 50 percent of the amounts invested during the year 2023 in the acquisition of shares or interests in companies as a result of agreements to establish companies or increase capital in commercial companies when said companies have been created or participated in by universities or research centers .

    The applicable deduction limit will be 12,000 euros per year .

Note: The increased limit of 12,000 euros is independent of the general limit of 4,000 euros established for the rest of the investments that give rise to the right to the deduction.

Requirements and other conditions for the application of the deduction

  • That, as a consequence of the participation acquired by the taxpayer, computed together with the participation held in the same entity by his/her spouse or persons related to the taxpayer by reason of kinship, in a direct or collateral line, by consanguinity or affinity up to the third degree included, more than 40% of the total share capital of the entity or its voting rights are held during any day of the calendar year.

  • That said participation is maintained for a minimum of three years.

  • That taxpayer does not perform executive or management functions or maintain an employment relationship with entity that is the object of the investment.

  • That the acquisition be formalized in a public deed, in which the identity of the investors and the amount of the investment are stated.

  • That the entity from which the shares or interests are acquired meets the following requirements:

    1. That it has its registered office and tax office in the Autonomous Community of Andalusia .

    2. That develops a economic activity .

      For these purposes, the entity will not be considered to carry out an economic activity when its main activity is the management of movable or immovable assets, in accordance with the provisions of article 4.Eight.Two.a) of Law 19/1991, of June 6, on the Wealth Tax.

    3. If the investment made corresponds to the constitution of the entity , that since the first fiscal year it has at least one person with a full-time employment contract, registered in the corresponding Social Security Regime, and that the conditions of the contract are maintained for at least twenty-four months.

    4. If the investment made corresponds to a capital increase of entity , that said entity had been established within the three years prior to the capital increase and the average workforce of the entity during the two fiscal years following the increase increases with respect to the average workforce it had in the previous twelve months by at least one person with the requirements of paragraph 3 above, and said increase is maintained for at least another twenty-four months.

      To calculate the total average workforce of the entity and its increase, the number of people employed will be taken into account, in accordance with the terms established by labour legislation, taking into account the contracted working day in relation to the full working day.

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 form in which, in addition to the amount of the investment entitled to deduction, the NIF of the newly or recently created entity must be entered in box [1131] and in [1133] if there is a second entity, indicating the total amount of the deduction for investments in newly or recently created companies.