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A query was raised regarding whether a merger by absorption can qualify for the special regime for European companies and if the stated grounds are valid. The Directorate General for Taxes (DGT) ruled that the special regime is applicable provided the requirements of the Corporate Income Tax Law are met and the operation serves economic purposes rather than being solely for tax advantages.
This ruling provides legal certainty for corporate restructurings, confirming that economic substance must prevail over tax avoidance to benefit from the special merger regime.
The tax team reviews your specific situation.
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