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A solar energy company has requested clarification on whether a demerger/merger operation intended to simplify its structure can benefit from the special Corporate Income Tax regime. The Directorate-General for Taxes (DGT) indicates that the operation must comply with commercial regulations and Article 76.1.a) of the Corporate Income Tax Act, and its primary purpose must not be to obtain a tax advantage.
Companies undergoing restructuring must ensure that their operations are driven by genuine commercial or economic purposes rather than tax avoidance to qualify for special tax treatments.
The tax team reviews your specific situation.
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