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V2109-15 10 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Potential application of special regimes for business unit contributions and share exchanges under specific requirements

A taxpayer has requested clarification on whether they can benefit from the special regime under the Corporate Income Tax Act for three specific transactions: the contribution of a lottery business unit, the contribution of leased real estate, and a share exchange involving social shares. The Directorate General for Taxes (DGT) examines the validity of each transaction based on compliance with requirements regarding business use, accounting, and valid economic reasons.

The question raised

Whether the described operations may opt for the special tax regime under Chapter VII of Title VII of the Corporate Income Tax Law 27/2014, of November 27.

The DGT's ruling

The contribution of the lottery business line may opt for the special regime if it constitutes an autonomous economic unit and accounting is maintained in accordance with the Commercial Code. The contribution of leased real estate does not allow for the special regime if it is not used for an economic activity (requiring at least one full-time employee). The exchange of social shares is possible if a majority of voting rights are obtained and the requirements for residence and the receiving entity are met. In all cases, the operation must have valid economic motives and its principal purpose must not be tax advantage.

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