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V1693-17 29 June 2017 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Exchange regime applicable if voting rights majority obtained and conditions met

The consultant asks whether a share acquisition can qualify for the special exchange regime. The DGT states it is possible if a majority of voting rights is obtained, requirements under Article 80 of the LIS are fulfilled, and the transaction has valid economic motives rather than purely fiscal ones.

The question raised

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

The DGT's ruling

To apply the special regime for the exchange of securities, the acquiring entity must obtain the majority of the voting rights in the participated entity. The requirements of Article 80 of the LIS must be met, including the residence of the shareholders and the valuation of the securities received. Furthermore, the operation must not have the primary objective of tax fraud or evasion, and must respond to valid economic motives such as the restructuring or rationalization of activities.

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

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