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V3496-15 13 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Possibility of opting for the special regime for non-monetary contributions and exemption on liquidation under specific requirements

An individual inquires whether the contribution of shares in a company to a new entity may qualify for the special tax neutrality regime. The DGT responds that, provided the requirements regarding shareholding and valid economic reasons are met, it is possible to apply said regime and the exemption on income from liquidation.

The question raised

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

The DGT's ruling

The contribution of equity interests may qualify for the special regime under Article 87 of the LIS if the receiving entity is resident in Spain, the contributor maintains at least 5% of the equity, and the shares have been held uninterruptedly during the previous year. The transaction must have valid economic reasons and not a merely tax-driven purpose. Furthermore, the positive income from the liquidation of the entity may be exempt under Article 21 of the LIS, with the holding period being calculated from the original acquisition.

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