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V1834-16 26 April 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for the application of the special regime for non-monetary contributions under the CIT Act

The taxpayer asks whether the contribution of shares from two entities (A and B) to a new holding company can qualify for the special regime under the Corporate Income Tax Act (LIS). The DGT determines that for entity A, this is possible provided the participation and ownership requirements are met; however, for entity B, it is not permitted as it is a real estate asset management entity.

The question raised

Question raised º) Whether the described operation could qualify for the special 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

For entity A, the non-monetary contribution of shares may qualify for the special regime if the shareholding exceeds 5%, has been held uninterruptedly during the previous year, and the entity is not a wealth management entity. For entity B, qualification is not possible as its main activity is real estate wealth management. The economic motives of the transaction (grouping family voting rights and unifying assets) are considered valid to avoid the application of the anti-avoidance rule.

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