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Practical Manual of Companies 2021.

Venture capital companies, venture capital funds and regional industrial development companies

article 50.1 of the LIS establishes for venture capital entities (companies and funds) , regulated in Law 22/2014, of November 12, which regulates venture capital entities, other closed-type collective investment entities and management companies of closed-type collective investment entities, and by which Law 35/2003, of November 4, on Collective Investment Institutions, is modified, the exemption of 99 percent of the positive income obtained in the transfer of securities representing the participation in the capital or own funds of the venture capital entities referred to in article 3 of Law 22/2014, in relation to those incomes that do not meet the requirements established in article 21 of the LIS, always that the transfer occurs from the beginning of the second year of ownership computed from the moment of acquisition or delisting and up to and including the fifteenth year. Exceptionally, an extension of this last term may be accepted, up to and including the twentieth year.

In the fourth and fifth paragraphs of the aforementioned article 50.1 of the LIS , other conditions are included for the application of said exemption and in article 50.6 of the LIS, the cases in which The exemption is not applicable if the requirements established in article 21 of the LIS are not met.

Regarding the regional industrial development companies, article 51 of the LIS establishes that the dividends or shares in profits received from the companies participated by the regional industrial development companies regulated in the Law 18/1982, of May 26, on the tax regime of groups and temporary unions of companies and regional industrial development companies, will enjoy the exemption provided for in article 21.1 of said rule whatever the percentage of participation and the time. ownership of shares or participations.

Filling in form 200

According to the above, venture capital companies and funds and regional industrial development companies must include in box [00378] «Venture capital companies and funds and regional industrial development companies (Chapter IV of the Title VII LIS)» on page 13 of form 200, the amount of the exempt income referred to in the previous paragraphs of this section.