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Practical Guide to Income Tax 2025. Part 2. Autonomous community deductions

For investments from new taxpayers from abroad

Regulations: Art. 2.15 Consolidated Text of the Law on Fiscal Measures in matters of taxes ceded by the State, approved by Legislative Decree 62/2008, of June 19, by the Autonomous Community of Cantabria

Amount of deduction

He 20 percent of the acquisition value, including the expenses and taxes inherent to said acquisition, excluding interest, of the following assets.

  • Real estate that No are intended for housing or tourist accommodation nor involved in an economic activity.

    HE exclude all the assumptions included in the concept of dwelling: usual taxpayer, including its attachments; object of housing lease for the purposes of LAU; rented by rooms or by seasons; available to the taxpayer under the terms of Article 85 of the Personal Income Tax Law; intended for tourist use, etc

    Conversely, the taxpayer may deduct 20 percent of the acquisition value of the following real estate, not intended for housing: commercial premises or offices; solar; rural land; Garages and storage rooms that are not an annex to a property intended for housing and provided that their use is different from that of an "accessory" to housing, etc, provided they are not involved in an economic activity.

  • Representative values of the transfer of own capital to third parties, traded or not in organized markets.

  • Representative values of the participation in equity of any type of entity, traded or not in organized markets.

Requirements and other conditions for the application of the deduction

  1. Requirements that the taxpayer must meet

    • That it is about a natural person non-resident in Spain that move his residence in the Community of Cantabria and acquire the condition of taxpayer of IRPFABBRas of January 1, 2025, even if the investments that generate the right to apply the deduction were made during the previous year.

    • That it maintains the condition of taxpayer of IRPFABBR in Cantabriauntil the last year of the investment maintenance period, object of point 2 below.

    • That has not been a resident in Spain during the five years prior to the change of residence to the territory of Cantabria.

  2. Requirements that the investment must meet

    • It must be carried out in it own acquisition exercise of the tax residence in Cantabria, in accordance with the regulations of IRPFABBRor in the next exercise.

      It may also be carried out in the year prior to the acquisition of the aforementioned residence in the case of investment in:

      • - Securities representing the transfer to third parties of equity capital issued by Spanish entities .

      • - Securities representing the equity participation of Spanish entities .

    • It must be maintained by the taxpayer for a period of 6 years, being valid transfers for consideration of the acquired assets with full reinvestment of the amount obtained in the transmission, within one month from the same.

      The requirement of total reinvestment will be met when the amount obtained from the transfer of an asset of one type of category (for example, a property not intended for housing) is fully reinvested in an asset of another type of category (for example, in securities representing the transfer of own capital to third parties).

    • In the case of investment in real estateThese must be located in Cantabria.

    • In the case of investment in securities:

      • The affected entities must have their registered and tax domicile in Cantabria and develop an economic activity.

        An economic activity will not be considered to be carried out when the main activity is the management of movable or immovable property, in accordance with the provisions of article 4.Eight.Two.a) of the Law of IP.

      • The direct or indirect participation of the taxpayer, together with that which they hold in the same entity spouse or any person related to the taxpayer by blood or marriage, in a direct or collateral line, up to and including the second degree, It cannot be, on any day during the calendar years of maintaining the participation, greater than 40 percent. of the entity's share capital or its voting rights.

        Attention: It should be recalled that the Second Additional Provision of the Consolidated Text assimilates to the status of spouses the members of de facto couples whose union meets the requirements established in Law 1/2005, of May 16, on de facto couples of the Autonomous Community of Cantabria, and are registered in the Registry of De Facto Couples of the Autonomous Community of Cantabria or similar registries established by other Public Administrations of the Spanish State, of countries belonging to the European Union or the European Economic Area, or of third countries.

      • The taxpayer may not perform executive or managerial functions nor maintain an employment relationship with the entity that is the target of the investment.

Time frame and outstanding balances for application of the deduction

  • The deduction may be applied in it the year in which the investment occurs and in the five immediate and successive following years in case of insufficient regional quota.

    This deduction, including any outstanding amounts carried forward from previous years, It will be applied last., giving priority to older acquired rights, when it coincides with other regional deductions.

  • In the event that the investment was made in the year prior to acquiring taxpayer status IRPFABBR in Cantabriathe deduction may be applied in it the year in which the aforementioned tax residence is acquired or in the five immediately following and successive years in case of insufficient regional quota.

Loss of the right to deductions made

They will give rise to the loss of the deduction applied:

  • the loss of residency in Cantabriaduring the investment maintenance obligation period either

  • failure to comply with the obligation to maintain the investment made , including the assumption of transfer without total reinvestment .

The right to the applied deduction will not be lost. when the failure to comply with the requirement to maintain investment/residence in Cantabria has been due to death of the taxpayer.

Incompatibility

The present deduction results incompatible, for the same investments, with the application of the regional deduction "For investment in the acquisition of shares and equity interests of new or recently created entities."

Important: Once the information necessary for its calculation has been entered by the taxpayers entitled to the deduction, it will be automatically transferred to the section "Additional information to the regional deduction of Cantabria for investments of new taxpayers from abroad" of Annex B.15 of the declaration.