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V2753-23 10 October 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · neutralidad fiscal

Fiscal neutrality possible for share contributions to holding company under specific conditions

A natural person enquires whether transferring shares in several companies to a holding company may qualify for the special restructuring regime. The DGT states this is possible if minimum shareholding, length of time and absence of purely fiscal objectives are met.

The question raised

Question raised 1. Whether the restructuring operation to be carried out by the taxpayer (PF1) may qualify for the special tax regime under Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

The contribution of shares by a natural person to a holding company may qualify for the tax neutrality regime under Chapter VII of Title VII of the LIS if the receiving entity is resident in Spain, the holding is equal to or greater than 5% of the equity, and the shares have been held uninterruptedly during the previous year. Likewise, the dividends received by the holding company following the contribution may benefit from the exemption under Article 21 of the LIS, with the entity maintaining the original acquisition date of the shares.

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