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Two sisters ask whether contributing their shares in a holding company to a third entity and subsequently exchanging them can qualify under the LIS special regime. The DGT states that this is possible if participation, residency, and ownership requirements are met, and the operation is not primarily aimed at tax fraud or evasion.
Cuestión planteada 1. Si las aportaciones por parte de las personas físicas consultantes de las participaciones que ostentan en la entidad L a favor de NEWCO1 y NEWCO2 cumplen todos los requisitos previstos en el artículo 87.1 de la LIS para acogerse al régimen fiscal especial previsto en el Capítulo VII del Título VII de la Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades y si existen motivos económicos válidos.
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