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V2097-19 9 August 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Non-cash contributions may apply under special regime if participation and economic motives are met

Individuals inquire whether transferring their shares in a parent company to a new entity qualifies for the LIS special regime. The DGT states that this is possible if participation percentages and uninterrupted ownership are met, provided the transaction has valid economic motives and is not solely for tax advantages.

The question raised

Question posed: Whether the described transaction may 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

To apply the special regime for non-monetary contributions, the receiving entity must be a resident in Spain and the contributor must maintain a shareholding of at least 5% in the entity's equity following the transaction. In the case of natural persons, the shares must have been held uninterruptedly during the previous year and the receiving entity must not have the management of movable or immovable property as its principal activity. Furthermore, the transaction must not have the primary objective of tax fraud or evasion, and must respond to valid economic reasons rather than the mere pursuit of a tax advantage.

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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