Back to index
V2201-18 24 July 2018 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Exchange regime applicable if voting rights majority obtained

A natural person enquires whether acquisition of shares by their holding company can qualify for the special exchange regime. The DGT states that this is possible if a majority of voting rights is obtained, the requirements of Article 80 of the LIS are met, and the transaction has valid economic motives.

The question raised

Question posed: Whether the described transaction could 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 the exchange of securities, the entity must acquire holdings that allow it to obtain the majority of voting rights and comply with the requirements of Article 80 of the LIS. Furthermore, the transaction must not have fraud or tax evasion as its primary objective, and must respond to valid economic reasons such as the restructuring or rationalization of activities. The mentioned management, expansion, risk diversification, and liquidity channeling reasons may be considered valid pursuant to Article 89.2 of the LIS.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

Book a meeting Write to the firm
Email
Contact