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A real estate leasing company has enquired whether its proposed total demerger project can qualify for the special tax regime. The DGT has ruled that, provided the transaction meets commercial requirements and the allocation of shares is proportional, it may apply as long as its primary purpose is not to obtain a tax advantage.
This ruling provides legal certainty for corporate restructurings, confirming that tax efficiency alone is insufficient for special regime eligibility; substantive economic justification is required.
The tax team reviews your specific situation.
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