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V0153-21 ·2 February 2021 ·consulta-vinculante Medium impact
Tax

Loss carryforwards transferred in a restructuring are not reduced if there is no risk of double compensation

A query was raised regarding whether the tax loss carryforwards of a transferring entity are reduced by the difference between the value of the contributions and their tax value during a restructuring. The DGT ruled that such a reduction will not apply, provided it is guaranteed that no double compensation of losses occurs.

In 6 key points

How it affects those involved

This ruling provides legal certainty for corporate restructurings, ensuring that tax losses are preserved as long as mechanisms are in place to prevent the same loss from being used twice.

Lifecycle

2021-02-02PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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