The new investment deduction was introduced by Law 28/2022, which amended the Personal Income Tax Law, allowing certain tax advantages for investors wishing to participate in companies that meet its requirements.
To enjoy this new deduction, investors must take the following basic aspects into account:
- The investment must be made directly in the company, and investments through investment vehicles or holding companies, for example, will not be valid.
- The deduction will be 50% (previously 30%) on a maximum base of 100,000 euros (previously 60,000 euros) — the value of the shares or units subscribed.
- In turn, the company must meet the following requirements:
- It must have an activity with personnel and material resources for its development (therefore, investment vehicles or holding companies are not valid).
- It may not be admitted to a regulated market. Its own funds may not exceed 400,000 euros.
- The shares or holdings must be acquired by the investor within the 5 years following incorporation (or 7 years in the case of an emerging company certified by ENISA), either by participating in the incorporation itself or through a capital increase.
- The shares or holdings must remain in the taxpayer's patrimony for a period of between 3 and 12 years.
- At the same time, the participation of the taxpayer (and their family members) may at no time exceed 40% of the share capital, although this would not apply to the founding partners of a startup.
If you are an investor and are interested in delving into the tax aspects of your investment, or if you are an entrepreneur and want to find out about the tax benefits that the Startups Act can provide to your company, Busquets will be delighted to advise you on whatever you need. You can call us on 934 160 004 or contact us via our LinkedIn or by sending an email to info@busquets.legal.