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V2473-19 16 September 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Asset contribution regime may apply if participation and economic motives are met

A company asks whether the contribution of two vessels to its shareholder can qualify for the LIS special regime. The DGT states that this is possible if a minimum 5% ownership stake is maintained and the transaction has valid economic motives.

The question raised

Question posed: Whether the described operation may qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax and whether valid economic reasons exist.

The DGT's ruling

To apply the special regime for contributions of assets, the entity receiving the contribution must be a resident in Spain or have a permanent establishment, and the contributor must maintain a stake of at least 5% in the equity of the recipient entity. The operation must not have the primary objective of tax fraud or evasion, but rather valid economic reasons such as the restructuring or rationalization of activities. The alleged reasons of activity concentration and management simplification could be considered valid, although this depends on the verification of the facts.

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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