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V3778-15 30 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for opting into the special regime for non-monetary contributions (Art. 87.1 LIS)

A married couple inquires whether the contribution of real estate intended for rental can qualify for the special regime for non-monetary contributions. The DGT indicates that, if the contribution does not constitute a line of business but meets the requirements of Article 87.1 of the LIS, said regime could be applied.

The question raised

1.- Whether the real estate rental activity carried out by the taxpayer meets the requirements of a line of business for the purposes of applying the special tax regime of Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax, taking into particular account that:

The DGT's ruling

To qualify for the special regime for non-monetary contributions (Art. 87.1 LIS), the acquiring entity must be a resident in Spain and the contributor must maintain a share of at least 5% in the equity. If the contribution is not a line of business, it may be treated as a special non-monetary contribution provided that the assets are used for economic activities with commercial accounting. In the case of real estate rental, this must be an economic activity according to the IRPF (use of at least one full-time employee) to comply with this requirement.

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