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V2879-14 28 October 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

The special regime for exchange of shares may be applied if the requirements of the TRLIS are met and valid economic reasons exist

A query is made as to whether an acquisition of shares operation may qualify for the special regime for exchange of shares. The DGT responds that it is possible if a majority of voting rights are obtained, residency requirements are met, and the operation has valid economic reasons and not a merely tax-driven purpose.

The question raised

Question posed: Whether the described operation may qualify for the special tax regime of Chapter VIII, Title VII of the Recast Text of the Corporate Income Tax Law approved by Royal Legislative Decree 4/2004, of March 5.

The DGT's ruling

To apply the special regime for exchange of shares, the entity must acquire shares that allow it to obtain the majority of voting rights. The residency requirements for the partners and the acquiring entity provided for in Article 87 of the TRLIS must be met. Furthermore, the operation must not have fraud or tax evasion as its main objective, and must respond to valid economic reasons such as the restructuring or rationalization of activities.

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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