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V1932-20 15 June 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for non-monetary contributions under LIS special regime

A couple asks whether contributions of their shares in three entities to a new holding company may qualify for the LIS special regime. The DGT states that only entities where shareholding exceeds 5% may opt for this regime, with the rest subject to valid economic justifications.

The question raised

Question raised: 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 and whether valid economic reasons exist.

The DGT's ruling

To apply the special regime for non-monetary contributions, the contribution made 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 taxpayer must maintain at least 5% of the recipient entity's equity. The operation must not have the primary objective of obtaining a tax advantage and must be based on valid economic reasons that the Administration may verify.

Apply this to a real case

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

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