Skip to main content
Form 100. Personal Income Tax Declaration 2019 Non-monetary contributions to companies

For non-monetary contributions to companies, the gain or loss will be determined by the difference between the acquisition value of the goods or rights contributed and the greater amount of the following:

  • The nominal value of the shares or social participations received for the contribution or, where applicable, the corresponding part thereof. The amount of the issue premiums will be added to this value.

  • The quoted value of the securities received on the day on which the contribution is formalized or the day immediately preceding.

  • The market value of the good or right provided.

The transfer value thus calculated will be taken into account to determine the acquisition value of the titles received as a consequence of the non-monetary contribution.

Special regime for contributions from branches of activity and contributions of assets related to economic activities (art. 37.3 Law)

The special regime for contributions from branches of activity and contributions of assets assigned to business activities in exchange for values representing the share capital of an entity, regulated in articles 83 et seq. of the consolidated text of the Corporate Tax Law, may apply to natural persons listed below provided that, once the contributions have been made, they participate in the own funds of the entity that receives the contribution in at least 5%.

  • Contributions from branches of activity

  • Contributions of elements related to economic activities.

    In both cases, it is necessary for the taxpayer to keep the accounting of his economic activity in accordance with the provisions of the Commercial Code.

  • Contributions of shares or social participations in entities resident in Spanish territory to which the special regime for Spanish or European economic interest groups and temporary joint ventures of companies is not applicable, nor do they have as their main activity the management of movable assets or real estate in the terms provided in article 4.Eight.Two of Law 19/1991, of June 6, on Wealth Tax.

    The shares or participations contributed must represent a participation of at least 5% of the entity's own funds and be in the possession of the contributor uninterruptedly during the year prior to the date of the public document in which the contribution is formalized. .

When this special regime is applicable, the income that arises as a result of the transfers made will not be included in the tax base.

For their part, the shares or participations received in exchange for the contributions of branches of activity or elements related to business activities, will be valued, for tax purposes, by the book value of the elements transferred and taking the date of the same as their age. of acquisition of the contributed element. The assets contributed may not be valued, for tax purposes, at a value higher than their normal market value.