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V2795-20 11 September 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Arrendamiento de inmuebles not considered an economic activity

Property owners inquire whether they can contribute immovable property (individual and in proindiviso) to a company under the special regime of the LIS. The DGT responds that this is not possible because property rental does not meet the criteria of an economic activity.

The question raised

1. Whether the described operation may qualify for the 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 of the LIS, the assets must be used for an economic activity. In the case of leases, this requires employing at least one person under a full-time employment contract. Since such an employee is not employed, the activity is not considered economic and the special regime cannot be applied.

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