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V2573-23 26 September 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Fiscal neutrality possible for non-monetary contribution of bare ownership and usufruct

A taxpayer asks whether the non-monetary contribution of bare ownership and usufruct of shares to a holding company can benefit from fiscal neutrality. The DGT confirms this is possible if the conditions in Article 87 of the LIS are met, allowing the substitution of the underlying asset of the usufruct without tax impact.

The question raised

1. Whether the non-monetary contribution of shares (bare ownership and usufruct) from S1 to H1 would be subject to the regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax and, if so, whether the usufruct could be substituted by passing from S1 to H1.

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