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A query was raised regarding whether, in the absence of valid economic reasons for a corporate restructuring, only the effects of the sought tax advantage should be eliminated. The Directorate General for Taxes (DGT) ruled that the Administration may only regularise the sought tax advantage following a global assessment proving that the primary objective of the transaction is fraud or tax evasion.
This ruling provides legal certainty for corporate restructurings by establishing that a lack of economic substance alone is insufficient to disqualify tax benefits; instead, a specific intent to commit fraud or evasion must be proven.
The tax team reviews your specific situation.
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