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A taxpayer inquired whether a merger between two companies wholly owned by them could qualify for the special tax regime without the allocation of the absorbing company's shares to the shareholder. The DGT ruled that this is possible provided that commercial requirements are met and the transaction is supported by valid economic reasons.
This ruling clarifies the applicability of tax neutrality in mergers where a single shareholder holds the entirety of both companies, provided the transaction is not solely for tax avoidance.
The tax team reviews your specific situation.
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