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V1695-23 13 June 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportaciones no dinerarias

Requirements for applying the special non-cash contribution regime for shares or social participations

A natural person enquires whether contributing their shares in two companies to a resident Spanish entity may be considered a non-cash contribution under the special regime. The DGT states that if the percentage of ownership, uninterrupted holding and nature of the entities are met, the regime applies without incorporating income.

The question raised

Question raised - Whether the described contributions could be considered non-monetary contributions for the purposes of the provisions of Article 87 of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

For the contribution of shares or social interests by natural persons to qualify for the special regime, several requirements must be met: the receiving entity must be a resident in Spain or have a permanent establishment, the contributed interest must represent at least 5% of the entity's equity and must have been held uninterruptedly during the previous year. Furthermore, following the contribution, the contributor must maintain at least 5% of the receiving entity's equity. If these conditions are met and the primary objective is not tax fraud or evasion, the securities received shall retain their original tax values and acquisition date.

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