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V2805-15 28 September 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Value swaps, splits and share contributions may qualify for LIS special regime

A group of individuals proposes a restructure involving value swaps, a full split and share contributions. The DGT examines whether these operations meet the requirements for applying the LIS special regime for mergers and splits.

The question raised

1. Whether the proposed restructuring operations may qualify for the regime provided for in Chapter VII of Title VII of the LIS.

The DGT's ruling

Securities exchange operations, total demergers, and non-monetary contributions may qualify for the special regime of the LIS if they meet the requirements of Articles 76, 80, 87, and 89.2, provided that valid economic reasons exist. Regarding Article 23, the transfer of know-how allows for the reduction if the consideration is expressly distinguished from the transfer of trademarks or technical assistance services in the contract. The reduction does not apply to the transfer of trademarks, trade names, or the supply of products.

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