Maintenance of investment. Formal deduction requirements

The assets subject to reinvestment must remain in operation in the taxpayer's assets, except for justified loss, until the term of five years is met, or three years if they are movable assets, except if their useful life is in accordance with the amortization method admitted in article 11 of RDLeg. 4/2004, which is applied, is lower.

The transfer of the assets that are the subject of reinvestment before the end of the period mentioned in the previous paragraph will determine the loss of the deduction, except if the amount obtained or the net book value, if lower, is subject to reinvestment. In such case, the loss of the right to this deduction will be regularized in the manner established in article 137.3 of the RDLeg. 4/2004.

As a formal requirement, taxpayers must state in the annual accounts report the amount of income eligible for the deduction provided for in this section and the date of the reinvestment. This mention must be made while the maintenance period referred to above has not been met.