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V2104-15 10 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

The contribution of a share in a community of property may qualify for the special regime for non-monetary contributions

A taxpayer inquires whether the contribution of their ideal share in a community of property to an entity may benefit from the special regime for non-monetary contributions and whether their reasons are valid. The DGT responds that it is possible provided that the requirements of the LIS are met and that the alleged reasons for restructuring are economically valid.

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 reasons can be considered valid for the purposes of applying the aforementioned special regime.

The DGT's ruling

The contribution of a share in a community of property is considered a special non-monetary contribution pursuant to Article 87.1 of the LIS. To apply the regime, it must be ensured that the receiving entity is resident in Spain or has a permanent establishment, that the contributor maintains a share of at least 5% in the equity, and that the contributed elements are used for economic activities. The alleged reasons for restructuring and rationalization of activities are considered economically valid under Article 89.2 of the LIS.

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