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V2793-14 16 October 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial

Special asset contribution regime applicable if a business line with independent management is contributed

A company and an individual have enquired whether the contribution of rural holdings can qualify for the special asset contribution regime. The DGT states that for the individual's contribution to be valid, it must constitute a business line with distinct organisation and management.

The question raised

Question posed: Whether the commercial operation projected for the contribution of the related holdings and rural estates may qualify for the special regime developed in Chapter VIII of Title VII of Royal Legislative Decree 4/2004 of March 5, which approves the consolidated text of the Corporate Income Tax Law.

The DGT's ruling

To apply the special regime for contributions of assets by natural persons, these must be assigned to economic activities with accounting in accordance with the Commercial Code. In the case of branches of activity, the assets must constitute an autonomous economic unit capable of functioning by its own means. It is required that the activity has distinct management and organization that exist before and after the operation. Furthermore, the operation must respond to valid economic reasons and not have as its primary purpose a tax advantage.

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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