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V1842-15 11 June 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportaciones no dinerarias

The special regime for non-monetary contributions may be applied if the requirements regarding participation and valid economic reasons are met

A married couple inquires whether the contribution of shares in various entities to a holding company may qualify for the special regime of the LIS and whether their motives are valid. The DGT responds that it is possible if the requirements of residence, minimum 5% participation, and absence of purely tax-driven purposes are met.

The question raised

Question posed: Whether the proposed operation could qualify for the special tax regime regulated in Chapter VII of Title VII of the Corporate Income Tax Law, and whether the economic motives can be considered valid for the purposes of applying the aforementioned special regime.

The DGT's ruling

To apply the special regime of Article 87 of the LIS, the beneficiary entity must be resident in Spain and the contributor must maintain a participation of at least 5% in its equity. In the case of usufruct, the right to contribute corresponds to the bare owner by virtue of their status as a shareholder. The motives of restructuring, risk diversification, generational succession planning, and management of dividend reinvestments are considered economically valid pursuant to Article 89.2 of the LIS.

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