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A business group has requested clarification on whether a merger by absorption can apply the tax neutrality regime and how it affects tax loss carryforwards and tax credits. The Directorate General for Taxes (DGT) indicates that the transaction may qualify for this regime if it is carried out for commercial purposes and its primary objective is not to obtain a tax advantage.
This ruling provides legal certainty for corporate restructurings, confirming that tax neutrality is applicable provided the transaction is driven by genuine economic motives rather than tax avoidance.
The tax team reviews your specific situation.
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