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V2190-15 15 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

It is possible to benefit from the special regime for non-monetary contributions by contributing an ideal share of a community of property

Spouses inquire whether they may benefit from the special regime for non-monetary contributions under the Corporate Income Tax Act by contributing their interest in a community of property consisting of real estate assets used in an economic activity. The DGT responds that this is possible provided that the requirements regarding participation in equity, use in an economic activity, and valid economic reasons are met.

The question raised

Question posed: Whether the described transaction may benefit from the special tax regime under Chapter VII of Title VII of Corporate Income Tax Law 27/2014, of November 27.

The DGT's ruling

The contribution of an interest in a community of property is considered a special non-monetary contribution pursuant to Article 87.1 of the Corporate Income Tax Act. To apply the special regime, the receiving entity must be a resident in Spain, the contributors must retain at least 5% of the equity, and the assets must be used in economic activities with accounting maintained in accordance with the Commercial Code. Furthermore, the transaction must respond to valid economic reasons and must not have the primary purpose of tax fraud or evasion.

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