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V3798-15 1 December 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IRPF · aportación no dineraria

Special regime for non-monetary contributions applicable if Art. 87 LIS requirements are met

A taxpayer has enquired whether the contribution of their shares in a company can qualify for the special regime under the Corporate Tax Act for Personal Income Tax purposes. The Directorate General of Taxes (DGT) indicates that application depends on meeting legal requirements and ensuring the transaction is supported by valid economic reasons.

The question raised

Whether the special tax regime under Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax, will apply to the non-monetary contribution made by the taxpayer for the purposes of the Personal Income Tax (IRPF) of the appearing party.

The DGT's ruling

To apply the special regime, the recipient entity must be resident in Spain or have a permanent establishment, and the contributor must maintain a stake of at least 5% in the resulting entity. In the case of shares, they must be held uninterruptedly during the previous year and the entity must not be an economic interest group nor have the management of assets as its main activity. Furthermore, the transaction must not have the primary objective of tax fraud or evasion, and must respond to valid economic reasons.

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