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V1242-20 5 May 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportaciones no dinerarias

Non-cash contributions may be eligible under special regime if participation and economic motives are met

The consultant asks whether contributions of shares from two companies to a new entity may qualify for the special LIS regime. The DGT states that this is possible if the required shareholding percentages are met and if the transaction has valid economic motives, not merely fiscal ones.

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 receiving entity must be a resident in Spain and the contributor must maintain a shareholding of at least 5% in the equity following the transaction. In the case of share contributions by natural persons, these must represent at least 5% of the equity and 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 reasons rather than the mere pursuit of a tax advantage.

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

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