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A majority shareholder asks whether contributing foreign shares to a Spanish company may qualify for the special regime. The DGT states that participation and ownership requirements can be met, provided the transaction is not primarily aimed at obtaining tax benefits.
Cuestión planteada El consultante es una persona física socio mayoritario de la entidad A desde la constitución de la sociedad, participando ininterrumpidamente desde ese momento en al menos el 90% del capital y en el 100% de los derechos de voto. El resto del capital social se distribuye entre sus hijos.
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