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V1693-15 29 May 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Exchange regime applicable if LIS requirements met and valid economic reasons exist

A family group asks whether acquiring shares in various companies through a holding entity may qualify for the special exchange regime. The DGT states this is possible provided LIS requirements are met and the transaction is not primarily aimed at fraud or tax advantage.

The question raised

Question posed: Whether the described operation may qualify for the special tax regime of Chapter VII of Title VII of Corporate Income Tax Law 27/2014, of November 27.

The DGT's ruling

To apply the special regime for the exchange of securities, the entity must acquire holdings that allow it to obtain the majority of voting rights and comply with the requirements of Article 80.1 of the LIS. Likewise, the operation must not have the primary objective of tax fraud or evasion, and must respond to valid economic reasons such as the restructuring or rationalization of activities. If the entry of new partners is carried out through a capital increase, the reasons stated could be considered economically valid according to Article 89.2 of the LIS.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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