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V1019-22 ·6 May 2022 ·consulta-vinculante Medium impact
Tax

Mergers may qualify for special regime if carried out under the Structural Changes Act for valid economic reasons

An inquiring entity asks whether the absorption of a subsidiary can qualify for the special merger regime based on economic motives. The DGT indicates that it must comply with commercial regulations and Corporate Tax requirements, provided its primary purpose is not fraud or tax advantage.

In 6 key points

How it affects those involved

Companies undertaking structural changes must ensure that mergers are driven by genuine economic purposes rather than tax avoidance to benefit from the special regime.

Lifecycle

2022-05-06PublishedPublished 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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