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The consultant asks whether contributions of shares from several entities to a new Spanish resident company may qualify for the special regime. The DGT states this is possible if participation percentages and continuous ownership are met, provided the transaction has valid economic motives and is not for tax advantages.
Cuestión planteada
Para aplicar el régimen especial de aportaciones no dinerarias, la entidad receptora debe ser residente en España o tener un establecimiento permanente. El aportante debe poseer las participaciones ininterrumpidamente durante el año anterior y mantener una participación de al menos el 5% en los fondos propios de la entidad receptora. Además, la operación debe responder a motivos económicos válidos y no tener como principal objetivo el fraude o la evasión fiscal.
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