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Form 100. Personal Income Tax Return Declaration 2017

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

Taxpayers may deduct from their total regional tax, up to a limit of euros, percent of the amounts invested during the year in the acquisition of shares or corporate interests as a result of agreements to form companies or increase capital in public limited companies, limited companies, public limited companies, limited company companies or cooperatives, provided that the following requirements are met:

  1. The taxpayer's participation, computed together with that of the spouse or persons related 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 that is the object of the investment or its voting rights at any time and during the three years following its incorporation or expansion.

  2. The entity in which the entity is to be materialized must meet the following requirements:

    1. It must have its registered office and tax domicile in the autonomous community of Murcia and maintain it for three years following its incorporation or expansion.

    2. It must carry out an economic activity during the three years following its incorporation or expansion. For this purpose, its main activity must not be the management of movable or immovable assets.

    3. It must have, as a minimum, and from the first fiscal year, one person hired with a full-time employment contract, registered in the General Social Security Regime, for the three years following its constitution or expansion.

    4. In the event that the investment was made through a capital increase, the commercial company must have been established in the three years prior to the date of this increase, and in addition, during the 24 months following the date of the start of the corporate tax period in which the increase was made, its average workforce had increased by at least two people with respect to the average workforce in the previous 12 months, and that said increase was maintained for an additional period of another 24 months.

      To calculate the company's total average workforce and its increase, the number of people employed will be taken into account, in accordance with the terms established by labour legislation, taking into account the contracted working hours in relation to the full working day.

  3. The taxpayer may be a member of the board of directors of the company in which the investment was made, but may not perform executive or management functions for a period of ten years. Nor may he maintain an employment relationship with the entity that is the object of the investment during that same period.

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

  5. The shares acquired must remain in the taxpayer's assets for a minimum period of three years following the incorporation or expansion.

  6. The application of the deduction requires prior communication to the regional administration.

Failure to comply with the above requirements will result in the loss of the tax benefit.

This deduction is incompatible for the same amounts and investment object:

  1. With the regional deduction for investment in shares of entities listed in the expansion segment of the alternative stock market.

  2. With the state deduction for investments in new or recently created companies.

Completion: 

The amounts paid by the holder of the declaration will be reflected in the corresponding window of Annex B6.

In the case of marriage and if the amount paid corresponds to the spouses in equal parts, 50% of the total amounts paid by both will be reflected.

The program will transfer the amounts from Annex B6