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V0939-24 29 April 2024 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Conditions for the application of the tax neutrality regime in a securities exchange

A married couple inquires whether the contribution of shares in four companies to a new entity (Newco) may qualify for the tax neutrality regime. The DGT responds that it is possible provided that the entity acquires the majority of voting rights and the requirements of Article 80 of the LIS are met, and provided that the primary objective is not tax fraud or tax advantage.

The question raised

Question posed: Whether the described transaction may qualify for the tax neutrality regime set forth in Chapter VII of Title VII of the LIS, and whether the stated economic reasons are considered valid for the purposes of its application.

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