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Spanish residents consulted whether the restructuring of a compartment within a Luxembourg SICAV could benefit from the special tax regime for mergers and demergers under the Corporate Income Tax Act. The Directorate General for Taxes (DGT) ruled that this is not possible, as the compartment is not a legal entity and its assets do not constitute a business undertaking or a financial demerger.
This ruling limits the tax planning options for Luxembourg-based SICAV structures involving sub-funds, as their restructuring will not be treated under the preferential tax regimes applicable to corporate mergers or demergers in Spain.
The tax team reviews your specific situation.
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