Skip to content
Back to index
V2794-20 11 September 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Cannot apply non-monetary contribution regime if rental is not an economic activity

Individuals inquire whether they can contribute real estate (own and co-owned) to a company under the LIS special regime. The DGT responds that this is not possible because rental does not meet the criteria of an economic activity.

The question raised

Whether the described operation can qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax and whether valid economic reasons exist.

The DGT's ruling

For the contribution of real estate to qualify for the special regime under Article 87.1 of the LIS, the assets must be assigned to an economic activity. In the case of real estate leasing, this only occurs if at least one employee is utilized under a full-time employment contract. As this minimum infrastructure requirement is not met, the operation cannot qualify for the special regime.

Book your free first meeting