Skip to content
Back to index
V2392-20 13 July 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · socimi

Essential corporate purpose and dividend distribution requirements must be met prior to SOCIMI election

A query was raised regarding whether certain SOCIMI requirements could be fulfilled within two years following the election. The DGT ruled that the corporate purpose and dividend policy are essential elements that must be satisfied before exercising the option.

The DGT's ruling

The requirements regarding the primary corporate purpose and the nominative nature of the shares, together with the mandatory distribution of dividends, are essential conditions that must be met prior to exercising the option for the special regime. The remaining requirements concerning investment, source of income, trading, capital, and legal form may be met within the two years following the option, pursuant to the first transitional provision of Law 11/2009. Statutory amendments to adapt the corporate purpose and the dividend policy must be carried out before the option.

Book your free first meeting