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V2285-15 20 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for the application of the special regime for non-monetary contributions under the CIT Act

A query is made as to whether a series of contributions of equity interests may qualify for the special regime for non-monetary contributions. The DGT analyzes whether the requirements regarding minimum participation, seniority of shares, and valid economic reasons are met.

The question raised

Question posed: Whether the special regime established in Chapter VII of Title VII of the Corporate Income Tax Act is applicable to the proposed transaction, specifically whether the transaction would be classified as a special non-monetary contribution.

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 participation of at least 5% in its equity. In the case of natural persons, the interests must represent at least 5% of the entity's equity, must not be a securities management company, and must have been held uninterruptedly during the previous year. Furthermore, the transaction must respond to valid economic reasons and must not have the primary objective of tax fraud or evasion.

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