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Practical manual for Income Tax 2024. Volume 2. Autonomous community deductions
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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. 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 in the acquisition of shares or equity interests as a result of agreements to establish companies or increase capital in commercial companies that take the form of Public Limited Company, Labor Limited Company, Limited Liability Company, Labor Limited Liability Company or Cooperative Company .

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

  • 50% of the amounts invested during the financial year in the acquisition of shares or equity interests as a result of agreements to establish companies or to 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: Once the information required for the calculation of the deduction has been entered by the taxpayers entitled to it, it will be automatically transferred to 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 Andalusia, Aragon, the Principality of Asturias, the Balearic Islands, Cantabria, Castile and León, Castile-La Mancha, Catalonia, Extremadura, Galicia, Madrid, Murcia and the Valencian Community" of Annex B. 9 of the declaration.