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Form 100. Personal Income Tax Return Declaration 2017

9.7.2.1. Allocations to the reserve for investments in the Canary Islands

Taxpayers covered by the Canary Islands Investment Reserve regime will record the following information through a data capture window:

Reserve for Investments in the Canary Islands , 2014 to 2017:

  • Reserve allocation in the years 2014 to 2017: The allocations with the right to deduction made in these financial years will be recorded.

  • Materializations in 2017: You must record in the corresponding section of the window the materializations made against the provisions for the years 2014 to 2017.

    For these purposes, depending on the nature of the investments, the data capture window distinguishes between:

    • investments provided for in article 27.4. A), B) and D) 1 , Law 19/1994.

    • investments provided for in article 27.4. C) and D) 2 to 6 , Law 19/1994.

Pending materialization

The amount of the Reserve pending materialization as of December 31, 2017 shall also be recorded.

Once this section has been completed, the result of the deduction is transferred to boxes 0525 and 0526 on page 16 of the declaration.

Reserve for Investments in the Canary Islands 2017:

  • Income from establishments in the Canary Islands: The operating income for the year derived from establishments located in the Canary Islands will be recorded.

  • Reserve allocation in 2017: The allocations with the right to the deduction made in 2017 will be recorded.

  • Materializations in 2017: You must record in the corresponding section of the window the materializations carried out against the allocation for the 2017 financial year.

For these purposes, depending on the nature of the investments, the data capture window distinguishes between:

  • investments provided for in article 27.4. A), B) and D) 1 , Law 19/1994.

  • investments provided for in article 27.4. C) and D) 2 to 6 , Law 19/1994.

  • Pending materialization

    The amount of the Reserve pending materialization as of December 31, 2017 shall also be recorded.

    Once this section has been completed, the result of the deduction is transferred to boxes 0525 and 0526 on page 16 of the declaration.

Information about calculations

For information purposes only, the data capture window shows the calculations performed by the program, both in the joint declaration and in the individual declarations of the declarant and the spouse.

INVESTMENTS IN WHICH THE PROVISIONS MADE CAN BE MATERIALIZED

The allocations to the reserve may be materialized in any of the following investments when the requirements of article 27.4 of Law 19/1994 of the Canary Islands Tax Regime are met:

  1. Initial investments consisting of the acquisition of new tangible or intangible fixed assets as a result of:

    • The creation or expansion of an establishment.

    • The diversification of an establishment's activity for the production of new products.

    • The substantial transformation in the production process of an establishment.

    • Investments in land, built or not, provided that they have not previously benefited from this regime and are affected:

      1. For the promotion of protected housing and intended for leasing by the developer company.

      2. For the development of industrial activities included in divisions 1 to 4 of the first section of the rates of the Tax on Economic Activities.

      3. To commercial areas and tourist activities under the terms established in article 27.4 of Law 19/1994 of the Economic and Fiscal Regime of the Canary Islands.

  2. Creation of jobs directly related to the investments planned in letter A, which occurs within a period of six months from the date of entry into operation of said investment.

  3. Acquisition of tangible or intangible fixed assets that cannot be considered as an initial investment due to not meeting any of the conditions established in letter A above, investment in assets that contribute to the improvement and protection of the environment in the Canary Islands, as well as those research and development expenses that are determined by regulation.

  4. Subscription of:

    1. Shares or interests in the capital issued by companies as a result of their incorporation or capital increase that carry out their activity in the archipelago, provided that the requirements established in article 27.4 of Law 19/1994 are met.

    2. Shares or interests in the capital issued by entities of the Canary Islands Special Zone as a result of their incorporation or capital increase, provided that the requirements and conditions established in number 1 above and those provided for in Chapter I of Title V of Law 19/1994 are met.

      Additionally, the following conditions must be met:

      The amount of the issue or capital increase will be greater than 750,000 euros.

      At least 10% of the issue or capital increase will be subscribed by a person or entity that does not materialize amounts allocated to the reserve for investments in the Canary Islands and will be disbursed immediately after the granting of the deed of incorporation or capital increase.

    3. Shares or interests in the capital or equity issued by venture capital companies and funds regulated by Law 25/2005, regulating Venture Capital Entities and their Management Companies, and by investment funds regulated by Law 35/2003, on Collective Investment Institutions, as a result of their incorporation or capital increase, provided that the venture capital entities and the investment funds involved invest an equivalent amount of the shares acquired in shares or interests representing the capital of the companies referred to in numbers 1 and 2 of this letter that comply with the requirements established therein, issued on the occasion of their incorporation or capital increase.

    4. Public debt securities of the Autonomous Community of the Canary Islands, of the Canary Islands Local Corporations or of their public companies or autonomous bodies, provided that they are intended to finance investments in infrastructure and equipment or in the improvement and protection of the environment in the Canary Islands, with a limit of fifty percent of the provisions made in each financial year.

    5. Securities issued by public bodies that carry out the construction or operation of infrastructure or equipment of public interest for public administrations in the Canary Islands, when the financing obtained from said issue is exclusively intended for such construction or operation, with a limit of fifty percent of the provisions made in each financial year.
    6. Securities issued by entities that carry out the construction or operation of infrastructure or equipment of public interest for the public administrations in the Canary Islands, when the financing obtained from said issue is exclusively intended for such construction or operation, with a limit of fifty percent of the provisions made in each financial year and in the terms provided for by regulation.