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A taxpayer inquired whether they were required to repay a tax deduction for investing in a start-up following the company's dissolution before the mandatory three-year holding period had elapsed. The Directorate General of Taxes (DGT) ruled that, as the holding requirement was not satisfied, the taxpayer must regularise their position by repaying the deduction plus late-payment interest.
Cuestión planteada Si debe regularizar la deducción practicada al haber incumplido el citado plazo.
La deducción por inversión en empresas de nueva o reciente creación exige que las participaciones permanezcan en el patrimonio del contribuyente por un plazo superior a tres años. Al disolverse la sociedad antes de dicho plazo, se pierde el derecho a la deducción. El contribuyente debe añadir a la cuota líquida estatal la totalidad de las deducciones indebidamente practicadas más los intereses de demora.
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