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V2515-20 23 July 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IRPF · aportación no dineraria

Cannot apply special merger regime if immovable assets not previously used in economic activity

A community of property asks whether the contribution of its property rental activity to a company can benefit from the LIS special regime. The DGT determines that, as the three-year period of prior economic use has not elapsed, the regime cannot be applied.

The question raised

Whether the contribution of the CB activity to entity X, given the aforementioned circumstances for the CB (there has been salaried personnel since June 30, 2014, installment payments have been made since January 1, 2015, accounting has been filed in the Mercantile Registry since 2014, there is a business address in Valencia and from 9/10/2014 another in Málaga, and income has been declared since July 1, 2014, as business activity income) if carried out in the 2016 fiscal year, could qualify for the special regime for mergers, demergers, contribution of assets, and exchange of securities regulated in the LIS.

The DGT's ruling

The contribution of shares in a community of property is considered a special non-monetary contribution pursuant to Article 87.1 of the LIS. To qualify for the special regime, each co-owner must maintain at least a 5% stake in the receiving entity. Furthermore, the real estate must have been used for an economic rental activity for at least three years prior to the contribution, pursuant to Article 28.3 of the LIRPF. In the case under consultation, as the activity commenced in 2014, a contribution in 2016 would not meet the three-year period of use.

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