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V0876-21 ·13 April 2021 ·consulta-vinculante Medium impact
Tax

A merger may qualify for tax neutrality if commercial and economic requirements are met

A real estate development company has enquired whether its merger operation can apply the tax neutrality regime. The DGT indicates that this may be applied if the operation complies with the Structural Changes Act and the requirements of Corporate Tax, provided that its primary purpose is not to obtain a tax advantage.

In 6 key points

How it affects those involved

This ruling clarifies the conditions under which corporate restructurings can benefit from tax neutrality, emphasizing that economic substance must prevail over tax planning.

Lifecycle

2021-04-13PublishedPublished 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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