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V2898-20 24 September 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Non-cash contributions may apply under special regime if legal and economic conditions met

The consultant asks whether transferring shares between companies qualifies for the special non-cash contribution regime. The DGT states that it applies if participation and ownership requirements are met and the transaction has valid economic motives.

The question raised

Question raised 1/ Confirmation that the contribution by the applicant, of the shares of X to company Y, meets all the requirements legally provided for to qualify for the "special non-monetary contribution" tax figure provided for in Article 87.1 of Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax,

The DGT's ruling

To apply the special regime for non-monetary contributions, the receiving entity must be a resident in Spain or have a permanent establishment. The contributor must maintain a stake of at least 5% in the equity of the receiving entity following the transaction. In the case of contributions of shares, these must have been held uninterruptedly during the previous year and the entity may not be an economic interest group nor have wealth management as its primary activity. Finally, the transaction must not have fraud or tax evasion as its primary objective and must respond to valid economic reasons.

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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