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V1075-26 14 May 2026 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reestructuración empresarial

It is possible to apply for fiscal neutrality by contributing property shares from a community of goods to a company

A couple managing real estate through a community of goods asks whether they can contribute their shares to a new company under the special restructuring regime. The DGT confirms this is possible, provided the requirements for participation and economic activity are met.

The question raised

Question raised 1.- Whether the special business restructuring regime regulated in Chapter VII of Title VII of Law 27/2014 of November 27 on Corporate Income Tax would be applicable to the contribution of real estate proposed.

The DGT's ruling

The contribution of the participation shares of each co-owner in a community of property may qualify for the special restructuring regime (Chapter VII of Title VII of the LIS) as a special non-monetary contribution under Article 87.1. To this end, the acquiring entity must be a resident in Spain, the contributors must retain at least 5% of the capital, and the assets must be used for economic activities. In this case, the leasing activity is considered economic if at least one person is employed under a full-time employment contract and accounting is maintained according to the Commercial Code. The non-accrual of the IIVTNU will depend on whether the contribution is made under the umbrella of a line of activity.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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