Skip to content
Back to index
V2959-20 1 October 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for the special non-cash contribution regime and its treatment in ITP and AJD

Some shareholders inquire whether contributing their stakes in two companies to new Spanish holding companies may qualify for the special regime. The DGT states that this is possible if the participation and ownership requirements are met and the transaction has valid economic motives.

The question raised

First question raised. Whether the requirements for the application of the tax regime provided for in Chapter VII of Title VII of the Corporate Income Tax Law are met.

The DGT's ruling

To apply the special regime for non-monetary contributions, the receiving entity must be a resident in Spain and the contributor must hold at least 5% of its equity. In the case of natural persons, the holdings must represent at least 5% of the equity of an entity that is not an AIE, UTÉ, or wealth management entity, and must have been held uninterruptedly during the previous year. Furthermore, the operation must not have the primary purpose of fraud or tax advantage, but rather valid economic motives. Regarding ITP and AJD, restructuring operations are not subject to the corporate operations modality and are exempt under the modalities of onerous asset transfers and documented legal acts.

Book your free first meeting