Back to index
V1672-20 28 May 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

A non-monetary contribution cannot apply for special regime if assets not economically active or not kept in commercial accounting

The DGT determines that contributions of ideal shares from a community of property to a company cannot benefit from the special regime under Article 87 of the LIS, as the assets are not economically active or maintained in commercial accounting.

The question raised

Whether the described operation could benefit from 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

The contribution of a co-owner's ideal share is considered a special non-monetary contribution pursuant to Article 87.1 of the LIS. To apply the special regime, the residency requirements of the recipient entity must be met, a minimum participation of 5% by each contributor is required, and the assets must be allocated to economic activities with accounting in accordance with the Commercial Code. In this case, as the latter requirements are not met, the operation cannot benefit from the special regime.

Book your free first meeting