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V3308-14 11 December 2014 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · socimi

To qualify for the SOCIMI regime, the company's object and share nominal character must be established beforehand

A consulting company asks about the requirements to apply for the SOCIMI special tax regime. The DGT clarifies which requirements must be met before opting in and which can be fulfilled within two years.

The question raised

Various questions are raised in relation to Law 11/2009, which are described in the body of the response.

The DGT's ruling

The requirements regarding the principal corporate purpose, dividend distribution, and the registered nature of the shares are essential and must be met prior to the option. The requirements concerning investment, source of income, trading on regulated markets, and share capital may be met within the two years following the option. Dividend distribution may be carried out in kind through the delivery of shares. For the calculation of income, gross income is used minus directly related expenses and the proportional share of overhead expenses.

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