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V2046-24 25 September 2024 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · reserva para inversiones

Purchase of property leased to workers in Balearic Islands not suitable for Balearic Investment Reserve

A restaurant company in the Balearic Islands acquires property to lease exclusively to its employees during employment contracts, intending to qualify it under the Balearic Investment Reserve (RIB). The DGT concludes that this investment is not suitable for the RIB as the asset is fully intended to be transferred to third parties, violating the requirement of permanent non-assignment.

The question raised

1.- Can said investment be considered advanced and constitute a materialization of the investment reserve in the Balearic Islands?

The DGT's ruling

Section 4.8 of the 70th Additional Provision of the LPGE 2023 requires that the elements in which the Investment Reserve (RIB) is materialized remain in operation within the company for a minimum of five years, without being subject to transfer, lease, or assignment to third parties for their use. The assignment of real estate to workers to cover their housing needs constitutes a benefit in kind that implies the assignment of use to third parties, as indicated by the doctrine of the ICAC. Therefore, the non-assignment requirement is not met, and the investment cannot be considered a suitable materialization of the RIB.

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