Back to index
V3120-23 1 December 2023 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · neutralidad fiscal

Fiscal neutrality possible for share transfers to holding company

A physical person asks whether transferring shares to a holding company may qualify for fiscal neutrality. The DGT confirms this is possible if minimum 5% ownership, holding duration, and the receiving entity not managing movable or immovable assets are met.

The question raised

Question raised 1. Whether the described transaction may qualify for the tax regime under Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

The contribution of shares may qualify for the tax neutrality regime if the receiving entity is a resident in Spain, the contributor maintains at least 5% of the equity, and the shares have been held uninterruptedly during the previous year. Dividends received by the holding company could be exempt pursuant to Article 21 of the LIS if the minimum 5% participation and the required holding period are maintained, with the acquisition date of the contributing entity being subrogated. The regime shall not apply if the principal purpose of the transaction is tax fraud or evasion.

Email
Contact