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V2292-20 6 July 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Contribution of a share from a community of property may qualify for LIS special regime under certain conditions

The DGT confirms that contributions of shares from a community of property to a company may qualify for the special non-monetary contribution regime, provided certain conditions are met, including compliance with commercial accounting requirements under the Commercial Code.

The question raised

Whether the described operation could qualify for the 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

The contribution of a co-owner's ideal share is considered a special non-monetary contribution under Article 87.1 of the LIS. To apply the special regime, the receiving entity must be a resident in Spain and the contributor must retain at least 5% of the equity. Furthermore, the contributed elements must be used for economic activities and the community of property must maintain accounting in accordance with the Code of Commerce, a requirement that is not met if the accounting is neither legalized nor filed.

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