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V0859-16 9 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial

Property investment in a real estate branch may qualify for LIS special regime

A taxpayer asks whether the contribution of real estate used for leasing can benefit from the LIS special regime. The DGT states that the operation may qualify if it establishes an autonomous economic unit and has valid economic reasons.

The question raised

Whether the described operation may qualify for the special tax regime under Chapter VII of Title VII of Corporate Income Tax Law 27/2014, of November 27.

The DGT's ruling

To qualify for the special regime, the contribution must consist of a line of business that constitutes an autonomous economic unit capable of operating by its own means. In this case, as it possesses material and human resources (contracted personnel), the operation could be classified as a contribution of a line of business. Furthermore, the restructuring and management motives presented may be considered valid economic reasons pursuant to Article 89.2 of the LIS.

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