Skip to content
Back to index
V3877-16 14 September 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · canje de valores

Share contributions and mergers may qualify for special IS regime and exempt from IIVTNU

The DGT confirms that share contributions and subsequent mergers may apply to the special IS regime and be exempt from IIVTNU if valid economic reasons exist.

The question raised

Whether non-monetary contribution operations and subsequent mergers may qualify for the special tax regime under Chapter VII of Title VII of the LIS, whether they generate income for personal income tax (IRPF) purposes for the partners of the entity whose shares are contributed, whether they are not subject to the IIVTNU by application of the second additional provision of the LIS (as regards the merger), whether they are not subject to VAT in accordance with the provisions of Article 7.1 of the LIVA (as regards the merger), whether they are not subject to the corporate operations modality of the ITPAJD and are exempt from the modalities of onerous asset transfers and documented legal acts of said tax, and whether they are not included in the scenarios of Article 108 of the LMV.

Book your free first meeting