How the DGT's position has evolved
Current position
For the special regime for non-monetary contributions, the recipient entity must be a resident in Spain or have a permanent establishment. The contributor must maintain a participation of at least 5% in the equity of the recipient entity following the transaction. In the case of a contribution of shares, these must represent at least 5% of the equity of the contributed entity and must have been held uninterruptedly during the previous year.
The position of the DGT remains constant in the application of the requirements of the special regime for non-monetary contributions. Rulings since 2016 reiterate the 5% participation thresholds and the need for uninterrupted possession. No changes are observed in the interpretation of the residency or activity requirements of the recipient entity.
Analysis based on 35 of 39 rulings with a stated position. Updated 16 September 2026.