Back to index
V3478-16 21 July 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Determination of tax results in non-monetary contributions and VAT applicability on asset transfers without personnel

The taxpayer inquires about the valuation of non-monetary real estate contributions for the application of Article 17 of the Corporate Income Tax Act, and whether the transfer of their business assets is exempt from VAT. The Tax Agency clarifies that the tax result is the difference between market value and tax value, and that the transfer is not VAT-exempt as it does not include personnel.

The question raised

With respect to Corporate Income Tax, whether as a consequence of the non-monetary contribution to be carried out in the 2015 financial year, it could be understood that the tax result of the projected transfer would be determined by the difference between the contribution value, identified as the market value resulting from the appraisal commissioned for that purpose, and the net book value of the industrial buildings and plots transferred, adjusted by the amount of the positive adjustment in the Corporate Income Tax base for the 2014 financial year. All of this for the purposes of applying and complying with the provisions of Article 17 of the LIS.

The DGT's ruling

In a non-monetary contribution, the result to be integrated into the tax base is the difference between the market value of the assets and their tax value. If the operation generates a negative income and the companies belong to the same group, the integration is deferred pursuant to Article 11.9 of the LIS. Regarding VAT, the transfer of assets without the contracted personnel does not constitute an autonomous economic unit, being a mere transfer of assets subject to the tax.

Book your free first meeting