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V2360-23 31 August 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IRPF · aportación no dineraria

Fiscal neutrality regime applicable to social share contributions if conditions met

The consultant asks whether the contribution of shares from a company to a new entity (NEWCO) can benefit from the special fiscal neutrality regime. The DGT confirms this is possible if minimum shareholding, residency and duration requirements are met, provided the objective is not solely to obtain a fiscal advantage.

The question raised

Question raised - Whether the operation of incorporating a company through non-monetary contributions as previously stated could qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27,

The DGT's ruling

The contribution of shares may qualify for the tax neutrality regime if the contributor holds at least 5% of the equity of the receiving entity and, in the case of natural persons, if the shares represented at least 5% of the equity of the contributed entity and were held uninterruptedly during the previous year. However, this regime shall not apply if the main objective of the transaction is fraud, evasion, or the mere obtaining of a tax advantage without valid economic reasons.

Apply this to a real case

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

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