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V0088-24 15 February 2024 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · neutralidad fiscal

Contributions to holding companies may qualify for fiscal neutrality if conditions are met

A family group wishes to transfer their shares in an operating company to individual holding companies to facilitate family management and investment diversification. The DGT examines whether this reorganisation qualifies for fiscal neutrality and whether future dividends will be exempt.

The DGT's ruling

The contribution of shares to holding companies resident in Spain may qualify for the tax neutrality regime if the requirements of Article 87 of the LIS are met, including the minimum participation of 5% and uninterrupted ownership during the previous year. Dividends received by the holding companies from the operating company shall be exempt pursuant to Article 21 of the LIS, maintaining seniority and tax value through subrogation. Regarding Wealth Tax, the substitution of remuneration by the new holding companies does not prevent the exemption if the requirements of activity and management functions are met.

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