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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 the operation meets the requirements of the Corporate Tax Law and the Structural Changes Law, and its primary purpose is not tax fraud or tax advantage.
This ruling clarifies the criteria for accessing tax neutrality in mergers, emphasizing that economic substance must prevail over tax-driven motives.
The tax team reviews your specific situation.
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