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V1009-15 27 March 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Contribution of ideal shares in a property community may qualify for special non-cash regime

The DGT confirms that contributions of shares in a property community to a company constitute a special non-cash contribution under Article 87.1 of the LIS, as such shares do not constitute a separate business activity.

The question raised

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

The DGT's ruling

The contribution of the ideal share of a co-owner does not constitute a line of activity pursuant to Article 87.2 of the LIS, but rather a special non-monetary contribution under Article 87.1. To benefit from the regime, each contributor must individually meet the requirement of holding at least 5% of the capital of the receiving entity. Likewise, the contributed elements must be assigned to economic activities and the community of property must maintain accounting records in accordance with the Commercial Code. Finally, the operation must respond to valid economic reasons and must not have the primary purpose of tax fraud or evasion.

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