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V4797-16 10 November 2016 · SG de Impuestos sobre las Personas Jurídicas Criterion in force
IS · aportación no dineraria

Requirements for the special regime for contributions of business lines and intangible asset reductions

A plastics manufacturing company has enquired whether a non-monetary contribution of a business line can qualify for the special tax regime. The DGT has ruled that this is possible provided the transferred assets constitute an economic unit capable of operating independently and there is a valid economic reason.

The question raised

1. Whether the described operations meet the requirements provided for in Articles 76.3 and 89.2 of the LIS to benefit from the special tax regime provided for in Chapter VII of Title VII of the LIS.

The DGT's ruling

To benefit from the special regime, the contribution must consist of a line of business understood as a set of assets that form an autonomous economic unit. The activity must have previously existed in the transferor and must allow the transferee to develop it under analogous conditions. Furthermore, the transaction must respond to valid economic reasons and must not have fraud or tax evasion as its primary objective. Regarding the reduction for the transfer of intangibles, it only applies if the assets are listed in Article 23 of the LIS.

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