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V0251-16 25 January 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IRPF · aportación no dineraria

Special regime for non-monetary contributions may apply if valid economic reasons exist

A taxpayer losing tax residence in Spain has enquired whether they may apply the special regime for non-monetary contributions under Article 95 bis of the Personal Income Tax Act (LIRPF). The Directorate General for Taxes (DGT) has ruled that the special regime under the Corporate Income Tax Act (LIS) is applicable provided the requirements are met and valid economic reasons exist; however, Article 95 bis does not apply if the final tax period is 2014.

The question raised

1) Whether the described transaction may qualify for the special tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

To apply the special regime for non-monetary contributions (Art. 87 LIS), the recipient entity must be a resident in Spain, the contributor must maintain a shareholding of at least 5% in the equity, and the transaction must have valid economic reasons. Regarding Article 95 bis of the LIRPF, it is only applicable if the last tax period to be declared by the taxpayer is 2015 or subsequent years.

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