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V3361-20 ·16 November 2020 ·consulta-vinculante Medium impact
Tax

Non-monetary farm asset contribution without commercial accounting triggers capital gain or loss

A taxpayer asks about the tax treatment of contributing agricultural land from their farm to a company and subsequently donating the received shares. The DGT responds that, due to the absence of commercial accounting, the deferral regime cannot apply, and capital gain or loss must be taxed.

In 6 key points

How it affects those involved

Contributors without commercial accounting must recognise capital gains or losses when contributing non-monetary assets to a company, regardless of whether the activity is economic or not.

Lifecycle

2020-11-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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