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A professional association has requested a ruling on the tax treatment of transferring its assets to an association via donation, non-monetary contribution, or partial spin-off. The DGT has determined that gratuitous transfers are not exempt and that the other operations do not qualify for the special tax neutrality regime if a line of business is not transferred or if the entity does not maintain its own activity following the spin-off.
Cuestión planteada 1º) Si la operación descrita puede acogerse al régimen fiscal previsto en el Capítulo VII del Título VII de la Ley 27/2014, de 27 de noviembre, del Impuesto sobre Sociedades.
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