Skip to content
Back to index
V0887-16 9 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Non-monetary contributions may be subject to special regime if legal requirements and valid economic motives are met

A natural person enquires whether transferring their shareholdings to another entity may qualify for the special LIS regime. The DGT states that such a regime applies if participation and ownership requirements are met and the transaction has valid economic motives.

The question raised

Whether the described transaction may qualify for the special 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

In order for the contribution of shares or social interests to qualify for the special regime, several requirements must be met: the receiving entity must be a resident in Spain, the contributor must retain at least 5% of the equity following the transaction, and the interests must have been held uninterruptedly during the previous year. Furthermore, the transaction must not have the primary objective of tax fraud or evasion, and must respond to valid economic motives such as the restructuring or rationalization of activities.

Book your free first meeting