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A company has requested clarification on whether the merger of two inactive companies can qualify for the special tax merger regime. The Directorate General of Taxes (DGT) ruled that, as the entities are not operational and possess no assets related to business activity, the transaction lacks valid economic reasons and is primarily intended to exploit tax loss carryforwards.
Companies attempting to use mergers solely for tax relief purposes without genuine economic substance risk being denied the special tax regime benefits.
The tax team reviews your specific situation.
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