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Practical manual for Income Tax 2023.

For investment in the acquisition of shares or equity interests in new or recently created entities

Regulations: Art. 1.Six Text Recast of the legal provisions in force in the Region of Murcia regarding transferred taxes, approved by Legislative Decree 1/2010, of November 5

Amount and maximum limit of the deduction

  • 20% of the amounts invested during fiscal year in the acquisition of shares or corporate interests as a result of agreements to form companies or increase capital in public limited companies, limited companies, public limited companies, limited labor companies or cooperatives .

  • The applicable deduction limit is 4,000 euros.

Requirements and other conditions for the application of the deduction

  • The taxpayer's participation, computed together with those 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 share capital of the company that is the object of the investment or its voting rights at any time and during the three years following its incorporation or increase .

  • The entity in which the investment is to be made must meet the following requirements:

    1. It must have the registered and tax domicile in the Autonomous Community of the Region of Murcia and maintain it for the three years following the constitution or extension.

    2. Must carry out an economic activity during the three years following the constitution or expansion .

      For this purpose, its main activity must not be the management of movable or immovable assets, in accordance with the provisions of article 4.8. Two. a) of Law 19/1991, of June 6, on Wealth Tax.

    3. It must have, as a minimum and from the first fiscal year, one person hired with a full-time employment contract registered in the general Social Security regime, during the three years following the constitution or expansion.

    4. In the event that the investment was made through a capital increase, the commercial company must have been incorporated in the three years prior to the date of this increase, and that, in addition, during the twenty-four months following the date of the start of the corporate tax period in which had carried out the increase, its average workforce had increased by at least two people, with respect to the average workforce of the previous twelve months, and that said increase was maintained for an additional period of another twenty-four months .

      To calculate the company's total average workforce 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 hours in relation to the full working day.

  • The taxpayer may be a member of the board of directors of the company in which the investment was made, but may not, under any circumstances, carry out executive or management functions for a period of ten years. You may not maintain an employment relationship with the entity that is the object of the investment during that same period .

  • The operations in which the deduction is applicable must be formalized in public deed , in which the identity of the investors and the amount of the respective investment must be specified.

  • The acquired shares remain in the taxpayer's assets for minimum period of three years following the incorporation or expansion.

  • The application of deduction will require prior communication to the regional Administration in the manner determined by regulation.

Loss of the right to the deduction made

Failure to comply with the above requirements entails the loss of the tax benefit, in accordance with the state regulations governing IRPF .

Incompatibility

The deduction contained in this section will be incompatible, for the same investments, with the regional deduction "for investment in shares of entities listed in the segment of expanding companies of the alternative stock market."

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 interests 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 must be stated and, if it exists, that of the second entity, indicating the total amount of the deduction for investments in new or recently created companies in the corresponding box.