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A query was raised regarding whether a merger operation can apply the special tax regime for corporate reorganisations. The DGT ruled that this is possible provided it is carried out under commercial law and its primary purpose is not tax evasion or obtaining undue tax advantages.
This ruling provides legal certainty for corporate restructurings, confirming that the tax neutrality of mergers depends on their commercial substance rather than just their legal form.
The tax team reviews your specific situation.
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