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V2408-20 14 July 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportaciones no dinerarias

A non-monetary contribution may qualify under the special regime if valid economic reasons exist

The consultant asks whether the contribution of shares from a company to a newly established Spanish resident entity may benefit from the special regime of the LIS. The DGT states that such a contribution may qualify if the participation and ownership requirements are met, provided the transaction is not primarily aimed at obtaining a fiscal advantage.

The DGT's ruling

To apply the special regime for non-monetary contributions, the receiving entity must be a resident in Spain or have a permanent establishment, and the contributor must maintain a shareholding of at least 5% in the equity. In the case of natural persons, the holdings must have been held uninterruptedly during the previous year and the entity may not be an economic interest group nor have wealth management as its main activity. Furthermore, the transaction must not have the primary objective of tax fraud or evasion, and must respond to valid economic motives such as the restructuring or rationalization of activities.

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