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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. 12 sexies Law 8/2013, of November 21, of the Autonomous Community of Castilla-La Mancha, on Tax Measures 

Amount and maximum limit of the deduction

  • 20 percent of the amounts invested during fiscal year 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 or Limited Liability Company, Labor Public Limited Company, Labor Limited Liability Company and Cooperative Company .

  • The deduction limit applicable is 4,000 euros per year per taxpayer.

Requirements and other conditions for the application of the deduction

To apply the deduction, the following requirements must be met:

  • The participation acquired by the taxpayer as a result of the investment, computed together with the participation held in the same entity by his/her spouse or persons related to the taxpayer by reason of kinship up to the third degree included, in a straight or collateral line, by consanguinity or affinity, cannot exceed during any day of the calendar year 40% of the total share capital of the entity or its voting rights .

  • That said participation remains in the taxpayer's assets for a minimum of three years following the constitution or expansion .

  • During the minimum three-year period the taxpayer must not exercise executive or management functions in the entity.

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

    1. That it has its registered office and tax domicile in the Community of Castilla-La Mancha .

    2. That develops a economic activity .

      For these purposes, it will not be considered that an economic activity is carried out 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. In the event that the investment made corresponds to the constitution of the entity, that said entity has, at least, one person hired with a full-time employment contract or two people with a part-time employment contract, provided that the total number of hours in the case of a part-time employment contract is equal to or greater than that established for a person with a full-time employment contract. In any case, workers must be registered with the corresponding Social Security System and the conditions of the contract must be maintained for at least 24 months.

    4. In the event that the investment has been made through a capital increase of the entity, that said entity had been established within the three years prior to the capital increase and that 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 previous requirements, and that 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 employees 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.

  • The operations that generate the right to the deduction must be formalized in a public deed , in which the identity of the investors and the amount of the respective investment must be specified.

Loss of the right to the deduction made

Failure to comply with the above requirements will result in the deducted amounts being incorporated into the regional tax rate for the year in which the breach occurs, with the corresponding late payment interest.

Incompatibility

This deduction will be incompatible , for the same investments, with the deduction “For investment in entities of the social economy”.

Note: Taxpayers entitled to the deduction must complete the section "Additional information on the regional deduction for investment in the acquisition of shares and corporate interests as a result of agreements to form companies or increase capital in commercial companies" in Annex B.8 of the declaration, in which, in addition to the amount of the investment entitled to the deduction, the NIF of the entity must be stated, indicating the total amount of the deduction.