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V3977-16 20 September 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · régimen especial de aportaciones

It is possible to apply the special non-cash contribution regime if valid economic reasons exist

A group of brothers asks whether contributions of shares from several companies to their respective holding companies can qualify for the LIS special regime. The DGT confirms that the technical requirements are met and that the reorganisation motives are economically valid.

The question raised

Whether the described operation may benefit from the special tax regime of Chapter VII of Title VII of the LIS.

The DGT's ruling

The contribution of social shares may apply the special regime of Article 87 of the LIS if the requirements of residence, minimum participation of 5% in equity, and uninterrupted possession during the previous year are met. The operation is valid if carried out for economic reasons such as restructuring or rationalization, and not for purely tax purposes. In the event of compliance with Article 21 of the LIS, dividends shall be exempt and there shall be no withholding obligation.

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