Circular Letter no. 20259, of 28 June 2023, discloses the understanding adopted by Orders 2019-08-22 and 2023-06-25 of the Subdirector-General of the IR Management Area, since several interpretative questions have been raised with regard to the assessment of the condition concerning the creation and maintenance of jobs for the purposes of the Investment Support Tax Regime (RFAI), referred to in paragraph f) of no. 4 of article 22 of the Investment Tax Code (CFI).
1. According to the provisions of Commission Regulation (EU) No 651/2014 of 17 June 2014, "GBER", declaring certain categories of aid compatible with the internal market, there are general conditions required for regional aid to be considered as compatible with the internal market, namely regarding the general objective of "the development of the most disadvantaged regions by supporting investment and job creation in a sustainable context."
2. Therefore, the rule referred to in Article 22(4)(f) of the Tax Code for Investment (CFI) must be interpreted in accordance with the provisions of the GBER, requiring compliance with the specific rules set out in the RFAI as regards the creation of jobs directly related to the investment in question, and as regards the maintenance thereof, the verification, simultaneously, of a net increase in the number of employees in the establishment.
3. As for the time requirement, the higher number of employees vis-à-vis the average of the 12 months preceding the beginning of the investment must be verified, and the jobs specifically created by virtue of the investment relevant for the purposes of the RFAI must be maintained. For this purpose, it is important to consider the period in which the above-identified conditions must be fulfilled (Article 22.4(c) of the Tax Code for Investment (CFI).
- A minimum period of three years from the date of investment in the case of micro, small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC of 6 May 2003, or five years in other cases;
- Minimum useful life of the assets object of the investment, or until the period in which they are physically destroyed, dismantled, abandoned or unusable, in compliance with the rules laid down in Article 31-B of the Corporate Income Tax Code (CIRC);
