Doctrine by topic · DGT Observatory
How the DGT's position on this topic has evolved, and the rulings it rests on.
Current position
To qualify for the special regime for contributions of assets (Art. 87 LIS), the transaction must constitute a branch of activity that allows for an autonomous economic exploitation in the receiving company. The contributor must maintain at least 5% of the equity, and the motives must be valid economic reasons, not merely tax-related. The contributed elements must be assigned to economic activities with accounting in accordance with the Commercial Code.
The DGT has moved from denying the regime by considering that the streamlining of liquidations is not a valid restructuring (V2565-14), to precisely defining the requirements for assignment and economic motives. Requirements regarding the nature of the activity have increased, such as the need for personnel in leases (V2826-20) and the autonomy of the economic exploitation (V1829-23).
Turning points
Establishes that motives of optimization, professionalization, and generational renewal are valid economic reasons for the regime.
Introduces stricter assignment requirements, requiring at least one full-time person to consider a lease as an economic activity.
Specifies that the contribution must allow for the development of an autonomous economic exploitation in the acquiring company.
Analysis based on 14 of 14 rulings with a stated position. Updated 26 September 2026.