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An entity intends to acquire 100% of another through a share swap. The Directorate-General for Taxes (DGT) rules that the special Corporate Tax regime can be applied provided that the shareholders and the acquiring entity are resident in Spain and the transaction serves genuine economic purposes rather than being solely for tax advantages.
This ruling provides legal certainty for corporate restructurings and acquisitions involving share swaps, confirming that tax neutrality can be achieved if the transaction is backed by real economic substance and meets residency criteria.
The tax team reviews your specific situation.
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