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Form 100. Personal Income Tax Return Declaration 2017

10.4.6. By investment in the acquisition of shares or social participations of new or recently created entities

-Taxpayers may deduct 30 percent of the amounts invested in the acquisition of shares or social participations of entities that meet the requirements set out below.

The maximum amount of this deduction will be 6,000 euros per year. In the case of a joint declaration, the amount will be 6,000 euros for each taxpayer in the family unit that has made the investment. The deduction will be applied in the year in which the investment materializes and in the following two years, with a limit of 6,000 euros per year.

In the case of taxpayers who died before December 31, 2017, the percentage will be 20 percent, and the maximum amount of this deduction will be 600 euros.

-On a special basis, taxpayers may deduct investments made in companies owned by research centers or universities.

In this case, the deduction percentage will be 50 percent and with a maximum amount of 12,000 euros per year and taxpayer. This special deduction is not applicable to taxpayers who died before December 31, 2017.

Requirements:

  • The participation achieved by the taxpayer, together with those of the spouse or persons linked by reason of kinship, in a direct or collateral line, by consanguinity or affinity, up to the third degree included, may not exceed 40 percent of the share capital of the company. object of the investment or its voting rights.

  • The entity in which the investment must materialize will have to meet the following requirements:

    1. Have the nature of a public limited company, limited company, labor limited company or labor limited company.

    2. Have its registered office and tax address in the Balearic Islands.

    3. Develop an economic activity, this may not have as its main activity the management of movable or real estate assets, nor be dedicated to the leasing of real estate.

    4. Have, at a minimum, one employed person with a full-time employment contract and registered in the general Social Security regime, domiciled in the Balearic Islands, and who is neither a partner nor a participant in the company.

    5. In the event that the investment has been made through a capital increase, the commercial company must have been incorporated in the last two years prior to the date of said capital increase.

    6. You must maintain jobs, in the terms of person per year regulated by labor regulations.

    7. The annual turnover of the entity may not exceed the limit of 2,000,000 euros.

  • The taxpayer may be part of the board of directors of the company, without, in any case, being able to carry out executive or management functions, nor maintain an employment relationship with the entity.

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

  • The acquired shares must be maintained in the taxpayer's assets for a minimum period of four years.

  • All established requirements must be met for a minimum period of four years from the date of effectiveness of the capital increase agreement or constitution that gives rise to the right to the deduction.

Failure to comply with the above requirements and conditions will entail the loss of the tax benefit, and the part of the tax that has not been paid must be included in the declaration for the year in which the failure occurred, along with the corresponding late payment interest. 

Completion:

A data capture window will open in which you must indicate the amount paid with the right to deduction. Indicating separately the investments of the years 2014, 2015 and 2016 on the one hand, and the investments made in the year 2017.