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V1292-16 30 March 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for applying the special regime for non-monetary contributions

Siblings have consulted whether the contribution of company shares to a new family holding company can qualify for the special regime under the Corporate Income Tax Act (LIS). The DGT indicates that the operation is eligible, provided that the requirements for minimum shareholding, uninterrupted ownership, and valid economic reasons are met.

The question raised

Question raised: Whether the described transaction may qualify for the special tax regime provided for in Chapter VII of Title VII of Law 27/2014, 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 its equity. In the case of shares, these must represent at least 5% of the entity's 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 correspond to valid economic reasons.

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