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V0620-21 16 March 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

It is possible to apply the special non-monetary contribution regime via contribution of share rights in property communities

A group of individuals wishes to contribute their share rights in property communities engaged in property leasing to a new company. The DGT confirms that such share contributions may fall within the special regime of the LIS, provided certain conditions 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.

The DGT's ruling

The contribution of undivided shares is considered a special non-monetary contribution pursuant to Article 87.1 of the LIS. To qualify for the regime, the receiving entity must be a resident in Spain, each contributor must hold at least 5% of the equity, and the assets must be used for economic activities subject to commercial accounting. The economic motives must be valid to avoid the application of Article 89.2 of the LIS.

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