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V1697-15 29 May 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial

Possibility of benefiting from special contribution regime under legal and economic requirements

The inquiry asks whether the transfer of shares from one entity to another or to a new company can qualify for a special tax regime. The DGT confirms that this is possible provided residence and voting majority requirements are met and the transaction has valid economic motives.

The question raised

Whether the proposed spin-off may qualify for the special tax regime under Chapter VII of Title VII of Law 27/2014, of November 27.

The DGT's ruling

In order for the contribution of shares to qualify for the special regime, the beneficiary entity must be a resident in Spain or within the scope of Directive 90/434/EEC, and the contributed securities must be representative of the capital of entities resident in Spain. Furthermore, the transaction 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. In this case, the professionalization of management through a holding company may be considered a valid economic reason.

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