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V0258-17 ·1 February 2017 ·consulta-vinculante Medium impact
Tax

Gains from selling a subsidiary's shares to a third party are not eliminated from the consolidated tax base

A query was raised regarding whether profits obtained by subsidiary companies when selling shares of the parent company to a third party should be eliminated when calculating the tax group's tax base. The DGT ruled that they should not be eliminated as it does not constitute an intra-group transaction.

In 6 key points

How it affects those involved

This ruling clarifies that transactions involving the disposal of shares to external parties, even if they involve group entities, are treated as external operations and thus remain part of the consolidated tax base.

Lifecycle

2017-02-01PublishedPublished 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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