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V1305-21 10 May 2021 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Contribution of a share in a community of goods may qualify for LIS special regime under certain conditions

A natural person enquires whether their contribution of a share in a rural property and equipment community may benefit from the special non-monetary contribution regime. The DGT states that this is possible provided the entity meets residence requirements, has a minimum participation of 5%, and the community maintains commercial accounting as required by the Commercial Code.

The question raised

Whether the contribution described in the consultation request would be subject to Article 87.1.d) of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

The contribution of an undivided share of property held in co-ownership is considered a special non-monetary contribution under Article 87.1 of the LIS. To apply the special regime, the receiving entity must be a resident in Spain, the contributor must maintain at least a 5% stake, and the community of property must carry out economic activity with accounting in accordance with the Commercial Code. Furthermore, the operation must not have the primary objective of tax fraud or evasion, requiring valid economic reasons pursuant to Article 89.2 of the LIS.

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