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V3382-15 3 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Possibility of applying the special regime for non-monetary contributions subject to the fulfillment of requirements and valid economic reasons

An individual intends to contribute their shares in a family company to another company. The DGT analyzes whether the operation may qualify for the special regime for contributions of assets and whether the subsequent separation of the partner will be exempt.

The question raised

Question raised 1. Whether the projected operation, consisting of the non-monetary contribution to company A of the shares held by one of the partners in company S, falls within the definition provided in Article 87 of the Corporate Income Tax Law and possesses valid economic reasons that make it eligible to benefit from the special tax regime of Chapter VII of Title VII.

The DGT's ruling

The non-monetary contribution may qualify for the special regime under Article 87 of the LIS if the requirements of residence, minimum 5% participation, and uninterrupted possession during the previous year are met. The operation is valid if carried out for valid economic reasons, such as the rationalization of the activity, and not for purely tax purposes. In the event that the special regime is applied, the receiving company maintains the value and acquisition date of the shares. Finally, the income generated by the company in the separation of the partner may be exempt pursuant to Article 21 of the LIS.

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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