Skip to content
Back to index
V1581-14 17 June 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Cannot apply special non-cash contribution regime if Moroccan entity is involved

The DGT confirms that contributions of shares from a Moroccan-resident company to a Spanish ETVE cannot benefit from the special non-cash contribution regime, as the rule requires the contributing entity to be resident in Spain.

The question raised

Whether the described operation may qualify for the special tax regime under Chapter VIII of Title VII of the Consolidated Text of the Corporate Income Tax Law approved by Royal Legislative Decree 4/2004, of March 5.

The DGT's ruling

In order for the contribution of shares or social interests by an IRPF taxpayer to qualify for the special regime under Chapter VIII of Title VII of the TRLIS, the entity whose capital is represented must be a resident in Spanish territory. As this case involves interests in an entity resident in Morocco, this legal requirement of Article 94 of the TRLIS is not met.

Book your free first meeting