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Practical manual for Income Tax 2023.

For investments or donations to Social Economy entities established in Cantabria

Regulations: Art. 2.12 Text Revised Law on Fiscal Measures in the area of taxes transferred by the State, approved by Legislative Decree 62/2008, of June 19 , by the Autonomous Community of Cantabria

Amounts and joint limit of the deduction

  • % of the amounts invested during the year in contributions made for the purpose of becoming a member in entities that form part of the Social Economy referred to in the following section.

  • 50% of the amounts donated, irrevocably, to entities that form part of the social economy for the development of new economic activities as well as the consolidation of those already carried out.

  • 25% of the amounts donated, irrevocably , to entities that form part of the Social Economy for the realization of activities to promote and disseminate the Social Economy, in accordance with the terms established in article 8 of Law 5/2011, of March 29, on the Social Economy ( BOE of March 30).

  • Joint limit: The maximum combined amount of the three cases contemplated for this deduction is 3,000 euros , both in individual taxation and in joint taxation.

    Attention: No amount may be deductible simultaneously in two or more of the modalities of this deduction.

Requirements and other conditions for the application of the deduction

  • The application of this deduction is subject to compliance with the following requirements and conditions:

    a) The participation achieved by the taxpayer, computed together with that of the spouse or persons related by reason of kinship, in a direct or collateral line, by consanguinity or affinity up to the third degree included, may not exceed 40% of the capital of the entity that is the object of the investment or donation.

    b) The entity in which the investment or donation must be made must meet the following requirements:

    1. Be part of the social economy, under the terms set forth in Law 5/2011, of March 29, on the Social Economy and be registered in the established registries or catalogs that recognize the status of a social economy entity.

      According to article 6 of Law 5/2011:

      "The Ministry of Labour and Immigration, following a report from the Council for the Promotion of the Social Economy, and in coordination with the Autonomous Communities, will prepare and maintain an updated catalogue of the different types of entities comprising the social economy, taking into account the principles established in this law and in a coordinated manner with the catalogues existing at the autonomous level.

      Catalogues of social economy entities must be public. Advertising will be carried out by electronic means."

      Note: Please note that the Ministry of Labour and Immigration is currently the Ministry of Labour and Social Economy.

    2. Have your registered office and tax domicile in Cantabria

    3. Have, on an annual average, one employed person with employment contract.

    The requirements set out in points 1, 2 and 3 above must be met for a minimum period of three years from date the contribution or donation.

  • Operations in which deduction is applicable must be formalized in public deed , in which the identity of the investors and the amount of the respective investment will be recorded.

  • To be eligible for this deduction the effectiveness of the donation and its value must be accredited by means of a certificate issued by the recipient entity .

  • The deliveries or donations that form the basis of this deduction must be made by credit or debit card, bank transfer, personal check or deposit into accounts in credit institutions, ## to the entities that receive the donation.

    Under no circumstances will contributions or donations made through cash deliveries give the right to apply this deduction.

  • In the case of the deduction of 20% of the amounts invested during the year in contributions made for the purpose of becoming a partner in entities that form part of the Social Economy, it is required that the participation in the capital acquired as a result of the investment made, must be maintained in the taxpayer's assets regime for a minimum period of five years .

Loss of the right to the deduction made

Failure to comply with the requirements and conditions set out in the previous sections will result in the loss of the tax benefit and, in such case, the taxpayer must include in the IRPF declaration for the year in which the failure occurred the part of the tax that was not paid as a result of the deduction made, together with any accrued late payment interest.

Incompatibility

This deduction will be incompatible, for the same investments , with the deductions "For donations to foundations or the Cantabria Coopera Fund" and "For investment in the acquisition of shares and social participations of new entities or recently created".

Note: Taxpayers entitled to the deduction must complete the section "Additional information to the regional deduction of Cantabria for investments or donations to Social Economy entities established in Cantabria and to the regional deduction of Aragon for investment in social economy 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 entity and, if it exists, of the second entity, indicating the amount of the investment with the right to deduction in the corresponding box.