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V3917-15 9 December 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for claiming the special non-cash contribution regime under LIS

The DGT confirms that non-cash contributions of shareholdings may qualify for the special LIS regime, provided participation, residency, uninterrupted ownership, and valid economic motives are met.

The question raised

Whether the non-monetary contribution transaction described may qualify for the special tax regime provided for in Chapter VII of Title VII of the LIS.

The DGT's ruling

In order for the contribution of shares or interests by natural persons to qualify for the special regime, the receiving entity must be a resident in Spain or have a permanent establishment, and the contributor must maintain a holding of at least 5% of the equity following the transaction. Furthermore, the interests must represent at least 5% of the entity's equity, must have been held uninterruptedly during the previous year, and the entity may not be an AIE, a UTÉ, or have the management of movable or immovable property as its principal activity. Finally, the transaction must not have the primary objective of tax fraud or evasion, and must respond to valid economic reasons.

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