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Se consulta si una reestructuración mediante la absorción de dos sociedades puede aplicar el régimen especial de fusiones y si los motivos económicos son válidos. La DGT indica que si se cumplen los requisitos mercantiles y del art. 76.1 LIS, podrían aplicarse las condiciones del régimen especial, siempre que no se busque una ventaja fiscal.
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