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BOE-A-2026-4460 ·26 February 2026 ·Resolution Low impact
Tax

Capital companies: distribution of interim dividends via payment in kind is valid

The Directorate General for Legal Certainty and Public Faith establishes that the management body and the general meeting may agree to distribute interim dividends prior to the approval of annual accounts (Art. 277 LSC). In this instance, the transfer of real estate as payment in kind against interim dividends is validated, provided that an accounting statement is prepared before the distribution and subsequently included in the notes to the accounts (Art. 277 LSC). The resolution overturns the registry's refusal, confirming that these transfers are genuine dividends subject to the restitution regime provided for in the LSC (Art. 278 LSC).

In 3 key points

  1. Possibility of distributing interim dividends before the approval of financial results (Art. 277 LSC). (art. 277 LSC)
  2. Obligation to prepare an accounting statement prior to distribution for inclusion in the notes to the accounts (Art. 277 LSC). (art. 277 LSC)
  3. Amounts paid as interim dividends shall be deducted from the dividend agreed upon during the appropriation of profits (Art. 273 LSC). (art. 273 LSC)

How it affects those involved

For capital companies, the legality of making payments in kind (such as the transfer of real estate) to cover interim dividends is confirmed, without the need to wait for the formal approval of annual accounts (Art. 277 LSC). Companies must ensure that an accounting statement is prepared prior to the distribution to comply with validity requirements (Art. 277 LSC). Land Registrars may not refuse the registration of these transfers based solely on the lack of approval of the financial year's accounts.

Lifecycle

2026-02-26PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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