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V3790-15 30 November 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · socimi

The requirement for trading on a regulated market may be fulfilled within the two-year transitional period for SOCIMIs

The taxpayer asks whether the requirement for trading on a regulated market can be fulfilled within the two-year period following the election for the SOCIMI regime. The DGT responds that this requirement can indeed be fulfilled within said transitional period.

The question raised

Question raised 1. Whether, for the purpose of complying with the obligation to trade on a regulated market or a multilateral trading facility established in Article 4 of Law 11/2009, the two-year transitional period established in the first transitional provision of the said Law is applicable and whether, for this specific requirement, the same must be calculated from date to date, taking as the first day the date on which the taxpayer has opted for the application of the special tax regime.

The DGT's ruling

The requirements regarding trading on regulated markets, share capital, legal form, investment, and source of income may be fulfilled within the two years following the date of election for the special regime. This constitutes an exception to the rule that the corporate purpose and the registered nature of the shares must be fulfilled prior to the election. In the specific case, the company may apply the regime provided that it fulfills the trading obligation before September 30, 2016.

Apply this to a real case

What is published here, applied to a company or a specific case. The first meeting is free.

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