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V1523-20 21 May 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Special non-cash contribution regime requires participation and allocation criteria

A taxpayer asks whether social shares and immovable assets can qualify for the special LIS regime. The DGT states it cannot determine this due to lack of data on ownership percentages, holding periods, and economic activity allocation.

The question raised

Whether the described operations 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 and whether valid economic reasons exist.

The DGT's ruling

For contributions of shares or holdings, these must represent at least 5% of the equity of the contributed entity, must have been held uninterruptedly during the previous year, and the contributor must maintain at least 5% of the equity of the recipient entity. In the case of real estate assets, they must be allocated to economic activities with accounting in accordance with the Commercial Code and the contributor must maintain a minimum interest of 5% in the recipient entity.

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