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V0450-16 4 February 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

The special regime for non-monetary contributions may be applied when contributing an ideal share of a community of property

Three co-owners of rented buildings inquire whether they can contribute their share of the community of property to a company by opting for the special regime of the Corporate Income Tax Act. The DGT indicates that this is possible if the requirements of participation, residence, and use for economic activity are met, and if valid economic reasons exist.

The question raised

Question posed: Whether the proposed operation could opt for the special tax regime regulated in Chapter VII of Title VII of the Corporate Income Tax Act, and whether the economic reasons can be considered valid for the purposes of applying the aforementioned special regime.

The DGT's ruling

The contribution of an ideal share of a community of property is considered a special non-monetary contribution pursuant to Article 87.1 of the Corporate Income Tax Act. To opt for the regime, the receiving entity must be a resident in Spain, the contributors must maintain a share of at least 5% in the equity, and the assets must be used for an economic activity. Furthermore, the operation must not have the primary objective of tax fraud or evasion, and must respond to valid economic reasons.

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