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V0739-19 2 April 2019 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · deducción por inversión

Tax deduction for investment in new companies cannot be applied if payments have not been made

A consultant received shares in a company through a capital increase instead of receiving payment for an invoice. The DGT has ruled that the tax deduction for investment in new or recently created companies cannot be applied in this case.

The question raised

Possible application by said person of the deduction for investment in companies of new or recent creation regulated in Article 68.1 of the Personal Income Tax Law.

The DGT's ruling

To apply the deduction provided for in Article 68.1 of the Personal Income Tax Law, it is necessary to have paid amounts for the subscription of shares or holdings. Since no amounts were paid by the subscriber in the case presented, the deduction for the capital increase is not applicable.

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