General scheme

Specific valuation standard

In non-monetary contributions to companies, the capital gain or loss will be determined by the difference between the acquisition value of the assets or rights contributed and the greater of the following amounts:

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 on the immediately preceding day.
The market value of the good or right provided .

The transmission value that prevails must be the one considered as the acquisition value of the titles received as a consequence of the non-monetary contribution.

Contribution of goods or rights acquired before December 31, 1994

In this case, if a capital gain is obtained, the part of the capital gain that was generated prior to January 20, 2006 (the only one to which the reduction or reduction coefficients are applicable) must be distinguished from that generated later. to that date on which the reduction or abatement coefficients are not applicable.

The determination of the capital gain generated prior to January 20, 2006 will be carried out in accordance with the distribution rules discussed in this same Chapter.

Example

Ms. MAP On June 12, 2021, it contributed to the public limited company “DASA”, whose shares are admitted to trading on the Stock Exchange, a plot of land whose cadastral value in the aforementioned year was 72,000 euros, receiving from said company 11,000 shares of 6 euros in value. nominal, the price on said date being 210 percent.

The plot had been acquired on October 3, 1999 for an amount equivalent to 93,000 euros, including the expenses and taxes inherent to the acquisition paid by Ms. MAP, with its market value on the date of the contribution being 138,000 euros. .

Determine the amount of the capital gain or loss obtained.

Solution :

Transfer value:

Nominal of titles received (11,000 x 6) = 66,000
Quote value of securities received (11,000 x 6 x 210 ÷ 100) = 138,600
Market value of the lot: 138,000

Transmission value prevailing ⁽¹⁾: 138,600

Acquisition value: 93,000

Capital gain (138,600 - 93,000) = 45,600

Note to example :

⁽¹⁾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. ^(Back)