The application of the capital risk entities’ special tax regime to a transfer of shares carried out in favor of a related company in a secondary market

Nº 2 / 2014 - abril/junio

The application of the capital risk entities’ special tax regime to a transfer of shares carried out in favor of a related company in a secondary market

David Pérez-Bustamante Yábar
Universidad Rey Juan Carlos

Abstract:

This chapter analyzes (i) the application of the exemption of 99% on incomes obtained from the transmission of securities representing the capital of companies in which the venture capital entities participate, and (ii) the effects, in compliance of the legal requirements for the application of the aforementioned fiscal benefit, of the fact that said transmission would have been executed through a official Spanish secondary market, such as the Madrid Stock Exchange.

Keywords: Venture-Capital Entities, Corporate Income Tax, Special Tax Regimen, Exemption, Tax Benefits