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V4083-15 21 December 2015 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Potential eligibility for special non-monetary contribution regime and dividend exemption

A taxpayer has enquired whether the contribution of company shares to a holding company may qualify for the special tax neutrality regime. The DGT has determined that, provided the requirements for participation and ownership are met and valid economic reasons exist, said regime and the dividend exemption are applicable.

The question raised

Question raised 1) Whether the described transaction may qualify for the special tax regime provided for in Chapter VII of Title VII of Law 27/2014, of November 27, on Corporate Income Tax.

The DGT's ruling

To apply the special regime for non-monetary contributions, the receiving entity must be a resident in Spain, the contributor must maintain a shareholding of at least 5% in the equity, and the shares must have been held uninterruptedly during the previous year. The transaction must not have the primary objective of tax fraud or evasion, but rather valid economic motives. Likewise, the acquiring entity may apply the exemption on dividends and capital gains provided in Article 21 of the LIS, computing the original date as the acquisition date.

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