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V2984-19 25 October 2019 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for claiming the special non-cash contribution regime under LIS

A private individual enquires whether transferring their shares in one company to another may qualify for the special non-cash contribution regime under LIS. The DGT states that this is possible if the participation and ownership requirements are met, provided the transaction has valid economic motives and is not undertaken for tax advantages.

The question raised

Question raised: Whether the proposed transaction may qualify for the tax regime provided for in 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 recipient entity must be a resident in Spain or have a permanent establishment. The contributor must have held the shares uninterruptedly during the previous year and these must represent at least 5% of the equity of the entity, provided it is not an AIE, UTÉ, or a wealth management company. Furthermore, the transaction must respond to valid economic reasons and must not have the primary objective of tax fraud or evasion.

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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