Skip to content
Back to index
V1241-20 5 May 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Non-monetary contributions may qualify under LIS special regime

The consultant asks whether contributions of their shares in a company to a newly established Spanish resident entity may qualify for the LIS special regime. The DGT states that this is possible if more than 5% of shareholders' equity is contributed, uninterrupted ownership requirements are met, and valid economic motives are present.

The question raised

Question raised: Whether the described transactions could qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2019, of November 27, on Corporate Income Tax.

The DGT's ruling

To apply the special regime for non-monetary contributions, the beneficiary entity must be resident in Spain or have a permanent establishment. The contributor must have held the shares uninterruptedly during the previous year and maintain a stake of at least 5% in the equity of the recipient entity. Furthermore, the transaction must not have the primary objective of tax fraud or evasion, and must respond to valid economic reasons rather than the mere pursuit of a tax advantage.

Apply this to a real case

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

Email
Contact