How the DGT's position has evolved
Current position
For the special regime for non-monetary contributions, the receiving entity must be a resident in Spain or have a permanent establishment. The contributor must have held the shares uninterruptedly during the previous year, and these must represent at least 5% of the equity of the contributed entity. Following the operation, the contributor must maintain a participation of at least 5% of the equity of the receiving entity.
The DGT's position remains constant across all analyzed criteria. It systematically reiterates the need for residence or a permanent establishment of the receiver, uninterrupted possession during the previous year, and the 5% thresholds in both the contributed and receiving entities.
Analysis based on 36 of 38 rulings with a stated position. Updated 15 August 2026.