Back to index
V2429-15 30 July 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · comunidad de bienes

The contribution of a share in a community of property may qualify for the special regime for contributions of assets

Spouses inquire whether the contribution of their ideal share in a community of property of a medical center may apply the special regime of the LIS and whether their economic motives are valid. The DGT responds that it is possible provided that the requirements of participation and allocation to the economic activity are met, and that their motives are valid.

The question raised

Question posed: Whether the proposed operation could qualify for the special tax regime regulated in Chapter VII of Title VII of the Corporate Income Tax Law, and whether the economic motives can be considered valid for the purposes of applying the aforementioned special regime.

The DGT's ruling

The contribution of a share in a community of property is considered a special non-monetary contribution pursuant to Article 87.1 of the LIS. To apply the regime, the receiving entity must be a resident in Spain, the contributors must retain at least 5% of the equity, and the assets must be allocated to an economic activity with accounting in accordance with the Commercial Code. The motives of family succession and risk limitation are considered economically valid under Article 89.2 of the LIS.

Apply this to a real case

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

Book a meeting Write to the firm
Email
Contact