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A query was raised regarding whether a merger between companies owned by the same married couple could qualify for the special Corporate Tax regime. The DGT indicates that, provided it complies with commercial regulations and Article 76.1.a) of the LIS, it may apply as long as its primary purpose is not fraud or tax advantage.
This ruling clarifies the applicability of special tax regimes for family-owned business restructurings, emphasizing the need for genuine economic substance over tax avoidance.
The tax team reviews your specific situation.
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