Skip to content
Back to index
V0319-21 22 February 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for the application of the special regime for non-monetary contributions and demergers

The DGT confirms that such arrangements may qualify for the LIS special regime if participation, uninterrupted ownership, a separately organised business activity, and valid economic motives are met.

The question raised

Whether the described operation could qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax and whether valid economic reasons exist.

The DGT's ruling

For non-monetary contributions of shares, it is required that the contributor has held the shares uninterruptedly during the previous year and maintains at least 5% of the recipient entity's equity. In demergers, the segregated assets must constitute a majority interest and the remaining assets must constitute a line of business with differentiated material and human resources. These operations must be carried out for valid economic reasons and not for the purpose of obtaining a tax advantage.

Book your free first meeting