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A holding company has enquired whether its merger operation can qualify for the special tax regime. The DGT has ruled that if the merger complies with commercial and Corporate Tax requirements, and is carried out for valid economic reasons rather than solely for tax advantages, the special regime may be applied.
This ruling clarifies that the substance of the economic reason behind a merger is crucial for tax neutrality, preventing the misuse of the special regime for purely tax-driven purposes.
The tax team reviews your specific situation.
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