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V3598-20 17 December 2020 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Asset contribution regime may apply if LIS requirements and valid economic reasons are met

A consultancy firm proposes contributing an intangible asset to a subsidiary to separate activities and risks. The DGT states that the transaction may qualify for the special asset contribution regime if residency and minimum shareholding requirements are met and the stated economic justifications are valid.

The question raised

Question posed: Whether the described transaction could qualify for the tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax, and whether valid economic reasons exist.

The DGT's ruling

To apply the special regime for asset contributions under Chapter VII of Title VII of the LIS, the recipient entity must be a resident in Spain and the contributor must maintain a shareholding of at least 5% in its equity. Furthermore, the transaction must not have the primary objective of tax fraud or evasion, and must be carried out for valid economic reasons. The reasons of separating activities, seeking external financing, and segregating risks could be considered valid, although their classification depends on the reality of the facts.

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